Disposed

The Principal v. Mahatma Gandhi University

Kerala HC1 Mar 2019WP(C)/40/2019

Case brief

AI extract

What is this about?

In a writ petition challenging a university order suspending and removing a student, the Court directed the Principal to permit the fourth respondent to appear for the 5th and 6th semester examinations subject to surrendering to the College alone. The principal agreed to cooperate.

What did the court decide?

Permitted the fourth respondent to appear for the 5th and 6th semester examinations subject to specific conditions of appearing alone and paying fees.

The Principal Vs Mahatma Gandhi University — Service and Employment | Kerala HC (2019)

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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.MUHAMED MUSTAQUE

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FRIDAY, THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940

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WP(C).No.40 of 2019

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PETITIONER/S:

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THE PRINCIPAL, SAINTGITS COLLEGE OF APPLIED SCIENCES, PATHAMUTTAM, KOTTAYAM-686 532.

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BY ADVS. SRI.TONY GEORGE KANNANTHANAM SRI.ALEX GEORGE (CHAMAPPARAYIL) SRI.THOMAS GEORGE

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RESPONDENT/S:

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1 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

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2 BOARD OF ADJUDICTION OF STUDENTS GRIEVANCES, REPRESENTED BY ITS CHAIRMAN, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

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3 THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

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4 A.S. SHARMA, S/O. A.G. SHAJI, A.G. SADANAM, THRIKKODITHANAM, KOTTAYAM-686 105.

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BY ADVS. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.K.SHAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.40/2019 2

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JUDGMENT

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The petitioner is the Principal of Saintgits College of Applied Sciences, Pathamuttam. The petitioner challenges the decision of the University produced as Ext.P16.

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The petitioner suspended and removed the fourth respondent from the college pursuant to the disciplinary action. The Board of Adjudication of the University referred the case of the fourth respondent to the Sub Committee of the Syndicate. It was further decided to revoke the dismissal of the fourth respondent from the College and condone his absence for 5^th Semester of B.A.(Corporate Economics). On going through the allegations raised against the fourth respondent, it may not be possible to sustain the order of Ext.P16. However, this Court persuaded the learned senior counsel for the petitioner to bestow some humanitarian consideration on the fourth respondent so as to enable him to appear for the examination and complete the course.

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The learned senior counsel, taking note of the future of the fourth respondent by way of concession, agreed to permit the fourth respondent to appear for 5^th and 6^th semester examinations and

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WP(C).No.40/2019 3

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also offered all co-operation to register him through the college for the purpose of appearance in 5^th and 6^th semester examinations and also permitted to appear for all other internal examinations.

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In regard to the 5^th Semester examination, there may be a difficulty in as much as that the University itself was of the view that the absence can be condoned. However, there is a problem in regard to the 6^th semester. The course is now over.

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The learned Standing Counsel for the University submitted that the fourth respondent will have to be re-admitted to the 6^th semester of the course and to appear for the examination.

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It is to be noted that based on the allegations, it may be a difficulty for the college to readmit him. It is a case where the University themselves have decided to show some leniency to the fourth respondent. The University, in fact, ordered to condone the absence of the fourth respondent as he does not have sufficient attendance.

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Taking note of the peculiar circumstances of the case, I am of the view that the fourth respondent shall be permitted to appear for the 6^th semester examination as well. It is also to be noted that the course is over and the 6^th semester will commence only next year.

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WP(C).No.40/2019 4

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This Court also had interacted with the fourth respondent and his father. They also undertook before this Court that they will abide by all directions issued by the College in regard to the appearance for examination, internal examination etc. The said submission is recorded. They also agreed to appear before the Principal on 05.03.2019 at 11 a.m. and they also undertook that they shall pay necessary fees and complete the formalities for enabling them to appear for 5^th and 6^th semester examinations. It is made clear that the fourth respondent shall go to the College alone and he shall ensure that no friends would accompany him. The permission to write the examination is based on the above conditions. If the college is not in a position to pay fees and do the registration through online, the University shall permit the college to pay fees and submit registration through offline mode as well.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.40/2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF	THE	CERTIFICATE DATED 17.8.2007
	ISSUED BY TH EDUCATIONAL	E NAT INSTI	IONAL COMMISSION FOR MINORITY TUTIONS.
EXHIBIT P2	TRUE COPY OF PETITIONER.	THE	LETTER DATED 31.7.2018 TO THE
EXHIBIT P3	TRUE COPY OF THE PETITION	THE ER.	NOTICE DATED 31.7.208 FROM
EXHIBIT P4	TRUE COPY OF REPORT DATED	THE 9.8.	RELEVANT PAGES OF ENQUIRY 2018.
EXHIBIT P5	TRUE COPY OF 31.8.2018 IS	THE SUED	SHOW CAUSE NOTICE DATED FROM THE PETITIONER.
EXHIBIT P6	TRUE COPY OF 4TH RESPONDE	THE NT.	REPLY DATED 1.9.2018 FROM THE
EXHIBIT P7	TRUE COPY OF INTERNAL ENQ	THE UIRY	REPORT DATED 1.9.2018 OF THE COMMITTEE OF THE COLLEGE.
EXHIBIT P8	TRUE COPY OF CHINGAVANAM	THE POLIC	F.I.R DATED 4.6.2018 OF E STATION.
EXHIBIT P9	TRUE COPY OF THE 4TH RESP	THE ONDEN	MEMO DATED 1.9.2018 ISSUED TO T.
EXHIBIT P10	TRUE COPY OF FROM THE PET	THE ITION	NOTICE DATED 1.9.2018 ISSUED ER
EXHIBIT P11	TRUE COPY OF FROM THE 4TH	THE RESP	REPRESENTATION DATED 7.9.2018 ONDENT.
EXHIBIT P12	TRUE COPY OF 25.9.2018 BY	THE THE	REPRESENTATION DATED 4TH RESPONDENT.
EXHIBIT P13	TRUE COPY OF SUBMITTED BY	THE THE	NOTICE DATED 9.10.2018 PETITIONER.
EXHIBIT P14	TRUE COPY OF THE PETITION	THE ER.	LETTER DATED 22.10.2018 FROM
EXHIBIT P15	TRUE COPY OF THE PETITION	THE ER.	LETTER DATED 25.10.2018 FROM

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WP(C).No.40/2019 6

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EXHIBIT P16 TRUE COPY OF THE IMPUGNED ORDER DATED 17.12.2018.

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RESPONDENTS EXHIBITS:

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EXHIBIT R4(A) :THE TRUE COPY OF THE FINAL REPORT DATED 27.07.2018 SUBMITTED BY THE SI OF POLICE, CHINGAVANAM IN CRIME NO.1587/2018.

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//TRUE COPY//

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P.A.TO JUDGE

The Principal v. Mahatma Gandhi University

Case brief

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What did the court decide?

The Principal v. Mahatma Gandhi University

Case brief

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What did the court decide?

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