Disposed

Mohammed Fazil.a.M v. the Vice Chancellor

Kerala HC19 Nov 2013WP(C)/17128/2013

Case brief

AI extract

What is this about?

This writ petition challenged the delay in registering Vth semester engineering students and the treatment of one petitioner regarding attendance shortage. The court directed the College Principal to consider the petitioners' application and condone the shortage within one month.

What did the court decide?

Direction to the Principal (1st Respondent) to consider the petitioners' application regarding attendance shortage and pass orders within one month.

Mohammed Fazil.a.M Vs the Vice Chancellor — Education and Admissions | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY, THE 19TH DAY OF NOVEMBER 2013/28TH KARTHIKA, 1935

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WP(C).No. 17128 of 2013 (M)

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PETITIONERS :

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MOHAMMED FAZIL.A.M. AGED 20 YEARS S/O.V.V.MAJEED

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VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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SHAHIN U. SIDDIQUE AGED 21 YEARS S/O.U.K.SIDDIQUE

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VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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RAHUL C. RAJ, S/O.V.N.CHELLAPPAN AGED 21 YEARS VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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PRAVEEN K.P., S/O.K.K.PARAMESWARAN AGED 21 YEARS VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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POLSON MOHAN, S/O.MOHAN MATHEW M. AGED 21 YEARS VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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ILLIYAS RAYAROTH, S/O.BASHEER AGED 21 YEARS VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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SHAHSOOR ALI MUHAMMED AGED 20 YEARS S/O.C.A.MOHAMMED SHARIF

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VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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ABDUL SAMAD P.M., S/O.MOHAMED ALI P.K. AGED 21 YEARS VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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RAMEEZ IBRAHIM, S/O.ABRAHIM AGED 20 YEARS VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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DEEPAK T.K., S/O.SOMAN E. AGED 21 YEARS VTH SEMESTER MECHANICAL ENGINEERING ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O. MUVATTUPUZHA.

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BY ADVS.SRI.K.S.ARUN KUMAR

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SMT.M.N.MAYA SRI.M.S.DILEEP

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RESPONDENTS :

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THE VICE CHANCELLOR MAHATHMA GANDHI UNIVERSITY PRIYADARSHINI HILLS P.O ATHIRAMPUZHA, KOTTAYAM PIN 686 560.

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THE MAHATHMA GANDHI UNIVERSITY REP. BY ITS REGISTRAR PRIYADARSHINI HILLS P.O ATHIRAMPUZHA, KOTTAYAM PIN 686 560.

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THE CONTROLLER OF EXAMINATIONS MAHATHMA GANDHI UNIVERSITY PRIYADARSHINI HILLS P.O ATHIRAMPUZHA, KOTTAYAM PIN 686 560.

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THE PRINCIPAL ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY MULAVOOR P.O.

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MUVATTUPUZHA. PIN.686 673.

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R1,R2&3 BY ADV. DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY R4 BY ADV.SRI.BABY ISSAC ILLICKAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17128 of 2013 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 - THE TRUE COPY OF THE IDENTITY OF THE FIRST PETITIONER. EXT.P1(A) - THE TRUE COPY OF THE IDENTITY OF THE SECOND PETITIONER. EXT.P1(B) - THE TRUE COPY OF THE IDENTITY OF THE THIRD PETITIONER. EXT.P1(C) - THE TRUE COPY OF THE IDENTITY OF THE FOURTH PETITIONER. EXT.P1(D) - THE TRUE COPY OF THE IDENTITY OF THE FIFTH PETITIONER. EXT.P1(E) - THE TRUE COPY OF THE IDENTITY OF THE SIXTH PETITIONER. EXT.P1(F) - THE TRUE COPY OF THE IDENTITY OF THE SEVENTH PETITIONER. EXT.P1(G) - THE TRUE COPY OF THE IDENTITY OF THE EIGHTH PETITIONER. EXT.P1(H) - THE TRUE COPY OF THE IDENTITY OF THE NINTH PETITIONER. EXT.P1(I) - THE TRUE COPY OF THE IDENTITY OF THE TENTH PETITIONER.

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EXT.P2 - THE TRUE COPY OF THE RELEVANT PAGE OF THE MG UNIVERSITY COURSE REGULATIONS OF B.TECH. DEGREE COURSES.

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EXT.P3 - THE TRUE COPY OF THE REPRESENTATION DATED 28-6-2013.

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EXT.P4 : THE TRUE COPY OF THE REPRESNTATION DATED 06/11/2013 RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

P.R. RAMACHANDRA MENON, J.

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========================

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W.P.(C). No. 17128 of 2013

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Dated this the 19^th day of November, 2013

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JUDGMENT

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The petitioners have approached this Court with the

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following prayers:

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“a. Issue a writ of mandamus directing the 4^th respondent to register the Vth semester B.Tech - Degree Course of the petitioners and to permit the petitioners to continue their engineering course.

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b. Issue a writ of mandamus directing the 4^th respondent to permit the petitioners to attend their classes in the Vth semester Engineering course.”

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Despite the completion of service of notice, there was no representation for the 4^th respondent under which circumstance an interim order was passed by this Court on 2.09.2013 in the

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following terms:

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“Despite the completion of service of notice the 4^th respondent has not entered appearance. In the said circumstance the matter is admitted. There will be an interim order as prayed for, which shall be strictly provisional and subject to the result of the writ petition.”

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The learned counsel for the petitioners submits that, pursuant to the interim order, all the other petitioners except the 6^th petitioner were permitted to attend the classes and in the case of the 6^th petitioner, it is stated that there is shortage of attendance which made the said petitioner to filed Ext.P4

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W.P.C. No. 17128 of 2013 -2-

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application before the 1^st respondent for immediate intervention and to have the shortage condoned.

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Heard the learned Standing Counsel for the University as well.

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The pleadings and proceedings raised by the petitioner in so far as the 4^th respondent is concerned stands

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uncontroverted as no counter affidavit has been filed from the part of the said respondent. As such, the petitioner is entitled to have the relief sought for especially to the extent with regard to the shortage of the attendance, which is pending consideration before the 1^st respondent.

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In the said circumstance, there will be a direction to the 1^st respondent to consider Ext.P4 and pass appropriate orders in accordance with law, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment.

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The 6^th petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1^st respondent for further steps. The writ petition is disposed of.

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P.R. RAMACHANDRA MENON, JUDGE.

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kp/-

Mohammed Fazil.a.M v. the Vice Chancellor

Case brief

What is this about?

What did the court decide?

Mohammed Fazil.a.M v. the Vice Chancellor

Case brief

What is this about?

What did the court decide?

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