Allowed

Aparna M.S. v. Apj Abdul Kalam Technological University

Kerala HC3 Aug 2016WP(C)/17436/2016

Case brief

AI extract

What is this about?

Petitioner, a college student facing harassment and forced to transfer, challenged the liquidated damages clause. Court ordered institution to issue Transfer Certificate without demanding payment as a special case.

What did the court decide?

Third respondent directed to provide Transfer Certificate within two weeks without insisting on payment of liquidated damages.

Aparna M.S. Vs Apj Abdul Kalam Technological… — Education and Admissions | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938

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WP(C).No. 17436 of 2016 (D)

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PETITIONER :

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APARNA M.S., D/O. SHINY, 2ND SEMESTER COMPUTER SCIENCE AND ELECTRONIC ENGINEERING, RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY, NEDUMPARAMBU, THIRUVANANTHAPURAM, RESIDING AT AKKARAVILA VEEDU, THOPPILPALAM, THITTAYILMUKKU, KIZHUVILLAM, ATTINGAL, CHIRAYANKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)

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RESPONDENT(S):

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1. APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR, C.E.T. CAMPUS, THIRUVANANTHAPURAM, PIN-695 016.

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2. THE VICE CHANCELLOR,

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C.E.T. CAMPUS, THIRUVANANTHAPURAM, PIN-695 016.

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3. THE PRINCIPAL, RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY, RAJADHANI HILLS, NEDUMPARAMBU P.O., THIRUVANANTHAPURAM-695 102.

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4. SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION,

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THIRUVANANTHAPURAM-695 101.

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5. NADIRSHA NAZAR, 7TH SEMESTER, ELECTRONICS AND COMMUNICATION ENGINEERING, RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY, NEDUMPARAMBU, THIRUVANANTHAPURAM-695 102.

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2/-

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-2-

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WP(C).NO.17436/2016

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6. SATHIKUMAR, PRINCIPAL, RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY, NEDUMPARAMBU, THIRUVANANTHAPURAM-695 102.

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R1 & R2 BY ADV. SRI.S.KRISHNAMOORTHY, SC, KTU R3 & R6 BY DR.K.P.SATHEESAN,SENIOR ADVOCATE ADVS. SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.ELIAS KURIAN SMT.SHYNI GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 17436 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 A TRUE COPY OF THE FIR IN CRIME NO. 494/2016 REGISTERED BY THE ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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P2 A TRUE COPY OF ORDER NO. 239/PRL/RIET/2016 DATED 05-03-2016 ISSUED BY THE 3RD RESPONDENT.

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P3 A TRUE COPY OF ORDER NO. 239/PRL/RIET/2016 DATED 15-04-2016 ISSUED BY THE 3RD RESPONDENT.

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P4 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5-5-2016.

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P5 A TRUE COPY OF THE NEWS PAPER REPORTS IN MALAYALA MANORAMA DATED 28-4-2016.

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P6 A TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE ENQUIRY COMMITTEE CONSTITUTED BY THE 3RD RESPONDENT

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P7 A TRUE COPY OF THE REPRESENTATION DATED 22/03/2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

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RESPONDENT(S)' EXHIBITS AND ANNEXURES:

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R3(A) A TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER DATED 5/3/2016

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R3(B) A TRUE COPY OF THE COMPLAINT GIVEN BY NADIRSHA NAZAR DATED 5/3/2016

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R3(C) A TRUE COPY OF THE LETTER WRITTEN BY THE 3RD RESPONDENT TO THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION DATED 5/3/2016

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R3(D) A TRUE COPY OF THE F.I.R REGISTERED BY THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION DATED 6/3/2016

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R3(E) A TRUE COPY OF THE OFFICE ORDER GIVEN TO THE PETITIONER DATED 4/5/2016.

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ANNEX R1(A) REPORT OF THE ENQUIRY COMMITTEE APPOINTED BY 3RD RESPONDENT COLLEGE.

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ANNEX R1(B) TRUE COPY OF THE LETTER DATED 18/5/2016 GIVEN BY 3RD RESPONDENT TO UNIVERSITY

/TRUE COPY/

P.A.TO JUDGE

sts

A.M.SHAFFIQUE, J.

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---------------------------------

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W.P (C) No. 17436 of 2016

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Dated this the 03^rd day of August, 2016

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J U D G M E N T

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Petitioner had approached this Court, inter alia , seeking

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for a direction to quash Exhibit P3 and to permit her to write the second semester examination scheduled to be held from 28.05.2016. During the pendency of the writ petition, an enquiry report came to be filed as Exhibit P6. Petitioner sought for quashing Exhibit P6 and also for a direction to consider Exhibit P7 representation by which she had asked for her Transfer Certificate and related documents to join some other college. The issue which had been projected in the present writ petition is regarding an incident which had been enquired into by the College Committee and it was observed that the petitioner as well as another boy was involved in the issue. I do not intend to examine the merits and demerits of the allegation raised by either side, especially on account of the fact that the petitioner does not intend to challenge Exhibit P6 at this stage, whereas the only request made by the petitioner is for a consideration of Exhibit P7.

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In Exhibit P7, the petitioner had requested the Principal to provide her with the Transfer Certificate and

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W.P (C) No. 17436 of 2016

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Aparna M.S. v. Apj Abdul Kalam Technological University

Case brief

What is this about?

What did the court decide?

Aparna M.S. v. Apj Abdul Kalam Technological University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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