Disposed

Swathiraj M.S v. Principal

Kerala HC19 Oct 2020WP(C)/19430/2020

Case brief

AI extract

What is this about?

The High Court directed the college to return certificates without withholding them for fee dues, announcing it will take separate steps for recovery. The petitioner was instructed to pay dues and request certificate return within a week. The reservation of a seat remains vacated pending recession. The petitioner is directed to seek allotment in the mop-up round.

What did the court decide?

Directing the Principal to return original certificates upon written request and clearance of dues within one week.

Swathiraj M.S Vs Principal — Education and Admissions | Kerala HC (2020)

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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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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 19TH DAY OF OCTOBER 2020 / 27TH ASWINA, 1942

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WP(C).No.19430 OF 2020(C)

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PETITIONER:

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SWATHIRAJ M.S S/O SURAJ.M.K, MALIAKKAL HOUSE, NEDUNGAD, NAYARAMBALAM.P.O, ERNAKULAM, KERALA, PIN-682509. MOB-9605656371, EMAIL [email protected]

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BY SWATHIRAJ M.S (PARTY IN PERSON)

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RESPONDENTS:

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1 PRINCIPAL INDIRA GANDHI INSTITUTE OF DENTAL SCIENCES, NELLIKUZHY,P.O, KOTHAMANGALAM, PIN-686691, ERNAKULAM. INFO @ IGIDS.ORG

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2 KERALA UNIVERSITY OF HEALTH SCIENCES THROUGH REGISTRAR MEDICAL COLLEGE P.O, THRISSUR, KERALA, PIN-680596.

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3 UNIVERSITY GRANTS COMMISSION THROUGH SECRETARY BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002.

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4 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, FIFTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-6950001

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5 PRINCIPAL BHARATA MATA SCHOOL OF LEGAL STUDIES (BSOLS), ALUVA-PERUMBAVOOR ROAD CHOONDY, ALUVA-683112, [email protected]

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R1 BY ADV. SRI.P.M.SANEER R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES

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R3 BY SRI.S.KRISHNAMOORTHY, CGC

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OTHER PRESENT:

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SRI. A.J. VARGHESE -SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.19430/2020

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-2-

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J U D G M E N T

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DATED THIS THE 19^th DAY OF OCTOBER, 2020

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Shaffique, J:

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Learned counsel appearing for the 1^st respondent submits that they are willing to return the original certificates of the petitioner. It is brought to our notice that the petitioner has to pay certain dues especially the course fee for the final year also and some other amounts.

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We make it clear that if at all any amount is due, separate steps will have to be taken by the 1^st respondent to recover the said amount and the certificates shall not be withheld on account of such non-payment.

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The petitioner shall therefore approach the Principal of the 1^st respondent within a period of one week from today, in which event, on a written request by the petitioner, the certificates shall be handed over with proper acknowledgment. We have passed interim order on 09-10-2020 to reserve one seat. The said interim order shall stand vacated. The petitioner was unable to obtain allotment for LL.B until now. It shall be open for the petitioner to seek for allotment in the mop-up round.

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With the above observation, this writ petition is disposed of.

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(Sd/-)

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A.M. SHAFFIQUE, JUDGE.

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(Sd/-)

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GOPINATH P., JUDGE.

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AMG

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W.P (C) No.19430/2020

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-3-

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE RESULT OF THE COMMON ENTRANCE EXAMINATION INTO 5 YEAR INTEGRATED LLB COURSE IS HERBY ATTACHED AND MARKED AS EXHIBIT-P1.
EXHIBIT P2	TRUE COPY OF THE UNIVERSITY IDENTITY CARD ISSUED BY THE REGISTRAR OF THE KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR, KERALA IS HEREBY ATTACHED AND MARKED AS EXHIBIT-P-2.
EXHIBIT P3	TRUE COPY OF THE PUBLIC NOTICE (F.NO-1-3/2007(CPP- II) DATED 23RD APRIL 2007 IS ISSUED BY THE SECRETARY UNIVERSITY GRANT COMMISSION, NEW DELHI, IS HEREBY ATTACHED AND MARKED AS EXHIBIT-P-3.
EXHIBIT P4	TRUE COPY OF THE UNIVERSITY GRANT COMMISSION (GRIEVANCE REDREESAL REGULATION 2012) NOTIFIED IN THE GOVT OF INDIA GAZETTE DATED 23/03/2013, IS HEREBY ATTACHED AND MARKED AS EXHIBIT-P-4.
EXHIBIT P5	TRUE COPY OF THE LETTER DATED 11TH JANUARY 2016 ISSUED BY THE SECRETARY UNIVERSITY GRANT COMMISSION TO VICE-CHANCELLORS OF ALL UNIVERSITIES, IS HEREBY ATTACHED AND MARKED AS EXHIBIT-P-5.
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 5TH MAY OF 2016 ISSUED BY THE SECRETARY UNIVERSITY GRANT COMMISSION TO VICE CHANCELLORS OF ALL UNIVERSITIES, IS HEREBY ATTACHED AND MARKED AS EXHIBIT-P-6.
EXHIBIT P7	TRUE COPY OF THE ELABORATE NOTIFICATION ON "REMITTANCE AND REFUND OF FEES AND OTHER STUDENT CENTRIC ISSUES" DATED 6TH DECEMBER 2016 ISSUED BY THE SECRETARY UNIVERSITY GRANT COMMISSION, NEW DELHI IS HEREBY ATTACHED AND MARKED AS EXHIBIT-P-7.
EXHIBIT P8	TRUE COPY OF THE ELABORATE NOTIFICATION ON "REMITTANCE AND REFUND OF FEES AND OTHER STUDENT CENTRIC ISSUES" DATED 31ST OCTOBER 2018 ISSUED BY THE SECRETARY UNIVERSITY GRANT COMMISSION, NEW DELHI IS HEREBY ATTACHED AND MARKED AS EXHIBIT-P-8
EXHIBIT P9	TRUE COPY OF THE LETTER (REGARDING THE MATTER OF RETURN OF HIS ORIGINAL ACADEMIC CERTIFICATES) ADDRESSED BY THE PETITIONER TO RESPONDENT DATED 28/05/2020 IS HERE BY ATTACHED AS MARKED AS EXHIBIT-P-9.
EXHIBIT P10	TRUE COPY OF THE LETTER CUM NOTICE (REGARDING THE MATTER OF RETURN OF HIS ORIGINAL ACADEMIC CERTIFICATES) ADDRESSED BY THE PETITIONER TO

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W.P (C) No.19430/2020

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-4-

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RESPONDENT DATED 28/06/2020 IS HERE BY ATTACHED AS MARKED AS EXHIBIT-P-10.

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EXHIBIT P11 TRUE COPY OF THE SECOND PHASE ALLOTMENT MEMO DATED 10/0-9/2020 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION THIRUVANANTHAPURAM IS HEREBY ATTACHED AS MARKED AS EXHIBIT-P-11.

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EXHIBIT P12 TRUE COPY OF GRIEVANCE SUBMITTED BY THE PETITIONER THROUGH THE ONLINE STUDENTS GRIEVANCE REDRESSAL PORTAL OF THE UGC DATED 10/09/2020 IS HERE BY ATTACHED AS MARKED AS EXHIBIT-P-12. EXHIBIT P13 TRUE COPY OF THE CANDIDATE'S DATA SHEET DATED 11/09/2020 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION, THIRUVANANTHAPURAM IS HEREBY ATTACHED AS MARKED AS EXHIBIT-P-13. EXHIBIT P14 TRUE COPY OF THE STATE BANK OF INDIA ONLINE TRANSACTION RECORD DATED 15/09/2020 SHOWING FEE REMITTED BY THE CANDIDATES FOR ADMISSION INTO THE SECOND RESPONDENT COLLEGE IS HEREBY ATTACHED AND MARKED AS EXHIBIT-P-14. EXHIBIT P15 TRUE COPY ORDER DATED 22/09/2020 IN WP(c) NO. 19430 OF 2020 FROM THE HON'BLE HIGH COURT OF KERALA IS HEREBY ATTACHED AND MARKED AS EXHIBIT- 15. EXHIBIT P16 TRUE COPY OF THE PAGE FROM WEBSITE OF INDIA POST SHOWING THE STATUS OF ITEM DELIVERY CONFIRMED TO RESPONDENT-1 IS HEREBY ATTACHED AND MARKED AS EXHIBIT-16. EXHIBIT P17 TRUE COPY OF THE PAGE FROM WEBSITE OF INDIA POST SHOWING THE STATUS OF ITEM DELIVERY CONFIRMED TO RESPONDENT-5 IS HEREBY ATTACHED AND MARKED AS EXHIBIT-17. EXHIBIT P18 TRUE COPY OF THE G.O NO(MS)NO 303/2020/HEDN DATED 26/08/2020 ISSUED BY THE ADDITIONAL SECRETARY HIGHER EDUCATION DEPARTMENT GOVT OF KERALA IS HEREBY ATTACHED AND MARKED AS EXHIBIT -18 EXHIBIT P19 TRUE COPY OF THE NOTIFICATION NO.CEE/200/5LLB2020/TA2 DATED 2/10/2020 IS ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION GOVT OF KERALA IS HEREBY ATTACHED AND MARKED AS EXHIBI-19. EXHIBIT P20 TRUE COPY OF THE LAST RANK DETAILS OF MOP-UP ROUND ALLOTMENT OF VACANCY FILLING ON 19/08/2019 PUBLISHED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION GOVT OF KERALA IS HEREBY ATTACHED AND MARKED AS EXHIBIT-20.

Swathiraj M.S v. Principal

Case brief

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What did the court decide?

Swathiraj M.S v. Principal

Case brief

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What did the court decide?

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