The Court dismissed the writ appeal filed against an interim order of the Single Judge, which had refused interim relief regarding examination participation. Finding no merits in the appeal, the High Court upheld the prior order.
The writ appeal was dismissed as having no merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE K.HARILAL
FRIDAY, THE 6TH DAY OF MAY 2016/16TH VAISAKHA, 1938
WA.No. 900 of 2016
AGAINST THE ORDER IN I.A.NO.5094/2016 IN W.P(C).NO.37774/2015, DATED 08.04.2016
APPELLANT(S)/PETITIONER :
JIJOMON JOSEPH,
CHEDIYATH HOUSE, RANNI ALIMUKKU, PATHANAMTHITTA- 689 711.
BY ADV. SRI.SIVAN MADATHIL
RESPONDENT(S)/RESPONDENTS:
1. MAHATMA GANDHI UNIVERSITY, PRIYADERSHINI HILLS P.O., KOTTAYAM- 686 560, REPRESENTED BY ITS REGISTRAR.
2. ADIYA INSTITUTE OF MANAGEMENT STUDIES, KALLAR, PAMPANAR P.O., PEERUMADE, IDUKKI DISTRICT, KERALA- 685 531, REPRESENTED BY ITS PRINCIPAL.
R1 BY ADV. SRI.VARUGHESE M.EASO, S.C R2 BY ADV. SRI.K.B.DAYAL
SMT.S.LEKHA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
A.M.SHAFFIQUE, J &
**K.HARILAL, J * * * * * * * * * * * * * * * *** W.A.No.900 of 2016
Dated this the 6th day of May 2016
J U D G M E N T
Shaffique,J
Heard learned counsel for the petitioner and the learned counsel appearing for the respondents.
W.A.No.900/2016
2
meantime, petitioner joined another College namely the Aditya Institute for Management Studies for B.Sc Petro Chemicals. Petitioner was not permitted to write the first semester examination since his admission was not regularised in the 2nd respondent College.
Having regard to the nature of contentions urged in the present writ appeal, we are of the view that unless the writ petition is decided on merits, it may not be possible for this Court to issue any direction as sought for. We do not find any error in
W.A.No.900/2016
3
the interim order passed by the learned Single Judge. There being no merits in the writ appeal, the same is dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
(sd/-)
(K.HARILAL, JUDGE)
jsr
True Copy PA to Judge
3 issues framed by the court
Whether the High Court was correct in dismissing the writ appeal challenging the Single Judge's interim order refusing to grant relief for exam participation.
Whether the appellant was entitled to an interim direction to reopen the portal and permit examination despite not appearing for the first semester.
Whether the writ petition had merits warranting a departure from the Single Judge's interim order.
Jijomon Joseph
Mahatma Gandhi University
Adiya Institute of Management Studies
A.M. Shaffique
K. Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
