In this writ petition challenging dismissal orders, the Court observed that the Board of Adjudication of Students Grievances had directed the college to readmit the petitioners, noting procedural lapses. The Court directed the college to comply with that order.
Respondents 2 and 3 directed to comply with the directions in Ext.P7 within two weeks.
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
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2016/18TH KARTHIKA, 1938
WP(C).No. 9673 of 2016 (H)
PETITIONER(S):
1. M.P. HASHIM, S/O.KUNJBEEDU KUTTY, AGED 22 YEARS, MOOCHIKKADAVAN PAIKATTIL HOUSE, P.O. IRINGALLUR, MALAPPURAM - 676 304.
2. C.K. NAJAF, S/O.SULAIMAN, AGED 24 YEARS, LAHAR HOUSE, P.O. PERINGATHUR, KANNUR - 670 670.
BY ADVS.SRI.C.S.MANU, SRI.S.K.PREMRAJ.
RESPONDENT(S):
1. UNIVERSITY OF CALICUT,
P.O. TENHIPALAM, MALAPPURAM - 673 635, REPRESENTED BY ITS REGISTRAR.
2. BHAVANS PALSAR LAW SCHOOL, BHAVANS ROAD, RAMANATTUKARA, KOZHIKODE - 673 633, REPRESENTED BY ITS PRINCIPAL.
3. THE PRINCIPAL, BHAVANS PALSAR LAW SCHOOL, BHAVANS ROAD, RAMANATTUKARA, KOZHIKODE - 673 633.
4. THE BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES, UNIVERSITY OF CALICUT, P.O. TENHIPALAM, MALAPPURAM - 673 635, REPRESENTED BY THE DEAN OF STUDENTS' AFFAIRS.
R1 BY ADVS. SRI.P.C.SASIDHARAN, SC. SRI.SANTHOSH MATHEW, SC. R2 & R3 BY ADVS. SRI.SHYAM PADMAN, SRI.C.M.ANDREWS, SMT.BOBY M.SEKHAR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 9673 of 2016 (H)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P-1: | TRUE PHOTOSTAT COPY OF THE MEMO DT. NIL ISSUED TO THE 1ST PETITIONER. |
|---|---|
| EXT.P-2: | TRUE PHOTOSTAT COPY OF THE MEMO DT. NIL ISSUED TO THE 2ND PETITIONER. |
| EXT.P-3: | TRUE PHOTOSTAT COPY OF THE DISMISSAL ORDER DT. NIL ISSUED TO THE 1ST PETITIONER. |
| EXT.P-4: | TRUE PHOTOSTAT COPY OF THE DISMISSAL ORDER DT. NIL ISSUED TO THE 2ND PETITIONER. |
| EXT.P-5: | TRUE PHOTOSTAT COPY OF THE REPRESENTATION DT. NIL SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT. |
| EXT.P-6: | TRUE PHOTOSTAT COPY OF THE REPRESENTATION DT. NIL SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT. |
| EXT.P7: | TRUE COPY OF THE ORDER DATED 05/07/2016 OF THE 4TH RESPONDENT. |
| EXT.P8A & | 8B:TRUE COPIES OF THE REPRESENTATIONS DATED 21/07/2016 MADE BY THE PETITIONERS TO THE 3RD RESPONDENT TOGETHER WITH THE POSTAL RECEIPTS THEREOF. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
A.M. SHAFFIQUE, J.
W.P.(C).No.9673 of 2016
Dated this, the 9th day of November, 2016
J U D G M E N T
Petitioners have approached this Court challenging Exts.P3 and P4 orders of dismissal.
W.P.(C).No.9673 of 2016
2
body constituted for the purpose of deciding students' grievances and the Vice Chancellor is the Chairman along with the Registrar and Dean of the University as members. When a competent body takes a decision based on a complaint from the students, necessarily, the College will have to comply with the same.
Under such circumstances, I am of the view that as matter stands now, this writ petition can be disposed of as under :
Respondents 2 and 3 shall comply with the directions issued in Ext.P7 within a period of two weeks from today, of course subject to their right to challenge Ext.P7 in appropriate proceedings.
Sd/-
A.M. SHAFFIQUE, JUDGE
AV
3 issues framed by the court
Whether the petitions challenging dismissal orders were maintainable in view of the directions issued by the Board of Adjudication of Students Grievances.
Whether the College authorities had challenged the order of the Statutory Body before this writ petition was heard.
The appropriate relief that the Court could grant to the petitioners.
M.P. HASHIM
C.K. NAJAF
UNIVERSITY OF CALICUT
BHAVANS PALSAR LAW SCHOOL
THE PRINCIPAL, BHAVANS PALSAR LAW SCHOOL
THE BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES, UNIVERSITY OF CALICUT
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
