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Muhammed Suhail A vs University Of Kerala
2025 Latest Caselaw 9248 Ker

Citation : 2025 Latest Caselaw 9248 Ker
Judgement Date : 26 September, 2025

Kerala High Court

Muhammed Suhail A vs University Of Kerala on 26 September, 2025

Author: N.Nagaresh
Bench: N.Nagaresh
                                                        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.

          `````````````````````````````````````````````````````````````
                      W.P.(C) No.30100 of 2025

          `````````````````````````````````````````````````````````````
            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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