Citation : 2025 Latest Caselaw 9248 Ker
Judgement Date : 26 September, 2025
2025:KER:72081
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 26TH DAY OF SEPTEMBER 2025 / 4TH ASWINA, 1947
WP(C) NO. 30100 OF 2025
PETITIONER:
MUHAMMED SUHAIL A
AGED 23 YEARS
S/O ASHRAF K, MANGATTU, KADATHOOR P.O.,
THAZHAVA, KADATHUR WARD,
KOLLAM DISTRICT, PIN - 690523
BY ADVS.
SRI.P.A.MOHAMMED SHAH
SHRI.RENOY VINCENT
SRI.SHAHIR SHOWKATH ALI
SHRI.CHELSON CHEMBARATHY
SHRI.ABEE SHEJIRIK FASLA N.K
SMT.NANDA SURENDRAN
SHRI.SAHAL SHAJAHAN
SHRI.AQUIN KURUVILLA TOM
SHRI.M.N.MOHAMMED HUSSAIN
SMT.NAFIYA SHAHALA C.K.
SHRI.JITHIN ALEXANDER SUNNY
RESPONDENTS:
1 UNIVERSITY OF KERALA
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, KERALA,
REPRESENTED BY THE VICE CHANCELLOR,
PIN - 695034
2025:KER:72081
W.P.(C) No.30100/2025
:2:
2 MSM COLLEGE
REPRESENTED BY ITS PRINCIPAL,
MILAD E SHERIEF MEMORIAL (MSM) COLLEGE
KAYAMKULAM, ALAPPUZHA, PIN - 690502
BY ADVS.
SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
SRI.C.V.ALEXANDER
SRI.BABU VARGHESE (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.09.2025, THE COURT ON 26.09.2025
DELIVERED THE FOLLOWING:
2025:KER:72081
W.P.(C) No.30100/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.30100 of 2025
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Dated this the 26th day of September, 2025
JUDGMENT
~~~~~~~~~
The petitioner states that he is the 5 th rank
holder in the provisional second phase sports quota rank list
published on 05.08.2025 for admission to various courses in
the 2nd respondent-College. The petitioner appeared before
the 2nd respondent with all necessary documents for securing
admission under Sports Quota. The petitioner was not given
admission and instead another person holding 10th rank was
given admission.
2. The petitioner states that denial of
admission is unfair, biased and arbitrary. The petitioner was 2025:KER:72081
informed that he was a previous student of the same College,
he was subjected to disciplinary action and hence he is not
eligible for admission. The petitioner states that he was given
a Conduct Certificate by the 2nd respondent while undergoing
BA (Economics) course during 2021-2024. There is no
fairness or transparency in the admission process, contends
the petitioner.
3. The petitioner relied on the judgment of this
Court in W.P.(C) No.31373/2022 and argued that College
cannot refuse admission based on speculative reason or for
the reason that there was an incident in the past which led to
a police complaint being filed. The respondents are
compellable to give admission to the petitioner, urged the
petitioner.
4. The 2nd respondent resisted the writ petition.
The 2nd respondent submitted that the petitioner was a
student of BA (Economics) during 2021-2024. The
petitioner's attendance was highly irregular. He has not 2025:KER:72081
passed a single Semester examination. The 2nd respondent
further stated that the petitioner disregarded and ignored all
rules and regulations binding on a student. The College was
forced to file several complaints against the petitioner in the
Kayamkulam Police Station.
5. The 1st petitioner further submitted that the
petitioner has sought admission under the Sports Quota and
admission under Sports Quota is made by the University.
The Principal placed the issue of admission of the petitioner
before the College Council and the College Council decided
not to give admission to the petitioner due to his previous
record of indiscipline. The writ petition is therefore only to be
dismissed.
6. I have heard the learned counsel for the
petitioner and the learned counsel appearing for the
respondents.
7. The petitioner though rank No.2 in Sports
Quota in the second phase of allotment, has been denied 2025:KER:72081
admission by the 2nd respondent-College. The petitioner
obtained admission to BA (Economics) course previously
during the year 2021-2024. The College found that the
petitioner is regularly irregular in attending classes and
suffered from attendance shortage.
8. Due to the indiscipline of the petitioner, the
College was forced to file several police complaints against
the petitioner. It is stated that on one occasion, the petitioner
rode a vehicle into the campus rashly and dangerously
terrifying and intimidating other students. On another
occasion, he occupied the College car porch and dangerously
lit a fire and fried banana chips there, at the same time
shouting abuses and using vulgar language against the
College authorities.
9. When the petitioner applied for admission
afresh, the Principal of the College approached the Registrar
of the University and informed of his conduct and indiscipline.
The Registrar informed that the University has considered the 2025:KER:72081
matter and approved that the decision of the College Council
will be final in the matter.
10. Thereafter, the issue was placed before the
College Council consisting of all Heads of Departments and
two elected Teachers. As per Ext.R2(a), the Council decided
not to admit the petitioner due to his previous record of gross
indiscipline.
11. It is to be noted that student discipline is of
utmost importance to any educational institution. The
Principal of a College has a responsibility to maintain
discipline in the College. As per Statute 21 of Chapter 24 of
the Kerala University First Statute, in every College, the
Principal shall be the Head of the College and shall be
responsible for the internal management and administration
of the College. In the judgment in Manu Vilson v. Sree
Narayana College [1996 (1) KLT 788], a Division Bench of
this Court has held that the law presumes that the Head of
the Institution must possess inherent authority and right to do 2025:KER:72081
such acts as are necessary to maintain discipline in the
institution. By his conduct, the petitioner has demonstrated
that he is prone to indiscipline and does not respect the
authority of Principal/Professors. In the circumstances, the
College authorities are justified in declining admission to the
petitioner.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE aks/25.09.2025 2025:KER:72081
APPENDIX OF WP(C) 30100/2025
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RANK LIST DATED 05.08.2025 PUBLISHED BY THE 1ST RESPONDENT Exhibit P2 THE TRUE COPY OF THE CIRCULAR ISSUED BY THE 1ST RESPONDENT DATED 05.08.2025 Exhibit P3 THE TRUE COPY OF THE COURSE AND CONDUCT CERTIFICATE 25.06.2025 ISSUED BY THE 2ND RESPONDENT RESPONDENT'S EXHIBITS
Exhibit R2 (a) The true copy of the decision of the College Council , Communicated to the University vide letter No.PRL/32/2025 dated 7th August,2025 PETITIONER'S EXHIBITS
Exhibit P4 THE TRUE COPY OF THE FYUGP PROSPECTUS FOR THE YEAR 2025-2026
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