Dismissed

The Principal, St. Peter'S College v. Krishnadev Manoj

Kerala HC4 Mar 2021RP/961/2019

Case brief

AI extract

What is this about?

In this review petition, the High Court of Kerala noted that a subsequent judgment in a connected writ petition by a Single Judge had thoroughly addressed and resolved the issues regarding the petitioner's disciplinary action and examination eligibility. Consequently, the court held that no points survived to be considered, and the review petition was dismissed.

What did the court decide?

Review petition dismissed; liberty to raise contentions before the Board under directions in the connected writ petition remains open.

The Principal, St. Peter'S College Vs Krishnadev Manoj — Education and Admissions | Kerala HC (2021)

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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 SHAJI P.CHALY

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THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

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RP.No.961 OF 2019 IN WP(C). 25935/2019

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AGAINST THE JUDGMENT IN WP(C) 25935/2019(N) OF HIGH COURT OF KERALA

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REVIEW PETITIONER/4th RESPONDENT:

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THE PRINCIPAL, ST. PETER'S COLLEGE KOLENCHERY, ERNAKULAM DISTRICT-682311.

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BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI

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RESPONDENT/PETITIONER & RESPONDENTS 1 TO 3:

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1 KRISHNADEV MANOJ, IIND YEAR B.A. DEGREE COURSE (3RD SEMETER B.A.DEGREE COURSE), ST.PETER'S COLLEGE, KOLENCHERY, ERNAKULAM DISTRICT-682311.

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2 MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST, ADMINISTRATIVE BLOCK, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM DISTRICT-686560, REPRESENTED BY ITS REGISTRAR.

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3 THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST, ADMINISTRATIVE BLOCK, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM DISTRICT-686560.

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4 CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST, ADMINISTRATIVE BLOCK,

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RP.No.961 OF 2019 IN WP(C). 25935/2019

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UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM DISTRICT-686560.

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R1 BY ADV. SMT.K.V.BHADRA KUMARI R2 TO 4 - SRI.ASOK.M.CHERIAN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No.961 OF 2019 IN WP(C). 25935/2019

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ORDER

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Dated this the 4th day of March 2021

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This review petition is filed seeking to review the judgment of this Court dated 30.09.2019 in W.P.(C).No.25935 of 2019. The subject issue considered in the writ petition was with regard to the disciplinary action taken against the petitioner in the writ petition and the consequential application submitted by the writ petitioner to sit for the examination. In fact, it is an admitted fact that there was shortage of attendance and whether attendance shortage during the period of strike should be condoned was also a subject matter in the writ petition.

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Any how, the strike that took place in the college and other consequences with regard to the power of the University to condone the attendance were all subject matter of yet another writ petition namely W.P.(C).No.28026 of 2019, which was disposed of by a learned Single Judge of this Court on 04.02.2021, with the following directions:

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“13. Emphasis was laid to Sub clause (IV) of Section 23 which envisages to hold, control and administer the properties and funds of the University. I am not in agreement with the argument of the learned counsel for the University, that such power would expand the jurisdiction of Syndicate to examine the complaint instead it would be the domain of Board as per Chapter 27. Thus, the impugned order Ext.P17,second writ petition to the extent of permitting 46 students to sit

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RP.No.961 OF 2019 IN WP(C). 25935/2019

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provisionally is wholly without jurisdiction and not in consonance with the provisions of MU University Act, 1985 and the statute framed there under, accordingly it is set aside and even the constitution of the enquiry sub Committee and further, committee to examine the report, Exts.P12 and P22 in first writ petition are also quashed. The University is directed to forward the complaints of the students to the Board strictly as per Chapter 27 and follow the procedure prescribed therein, in accordance with law, which also envisage leading of an evidence both oral and documentary by the respective parties.”

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Taking into account the above said aspects and the findings rendered in the said judgment, I do not think anything survives to be considered in this review petition, since the entire

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aspects are taken note of the learned Single Judge and it has also arrived at a finding that the Board of Students Grievances has got power under the Chapter 27 of the Mahatma Gandhi University Statues,1997.

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Therefore, the review petition is dismissed, leaving open the liberty of the petitioner to take up all contentions in accordance with the directions contained in the afore said judgment.

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Sd/-

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SHAJI P.CHALY JUDGE

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VPK

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RP.No.961 OF 2019 IN WP(C). 25935/2019

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APPENDIX OF RP 961/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE	A	TRUE COPY OF THE THE 1ST RESPONDE THE HEAD OF THE SCIENCE OF ST.PE	APPLICATION SUBMITTED BY NT DATED 20.9.2019 BEFORE DEPARTMENT OF POLITICAL TER'S COLLEGE, KOLENCHERY.
ANNEXURE	B	TRUE COPY OF THE CONDONATION OF S ATTENDANCE.	APPLICATION FORM FOR HORTAGE ON THE MINIMUM
ANNEXURE	C	TRUE COPY OF THE ASSISTANT REGIST UNIVERSITY DATED	COMMUNICATION FROM THE RAR OF MAHATMA GANDHI 29.11.2016.
ANNEXURE	C1	TRUE COPY OF THE ASSISTANT REGIST UNIVERSITY DATED	COMMUNICATION FROM THE RAR OF MAHATMA GANDHI 6.3.2017.
ANNEXURE	D	TRUE COPY OF THE WHEREIN THE SAME RECORDING SYSTEM ST.PETERS COLLEG	LIST OF THE COLLEGES ATTENDANCE SOFTWARE AS THE ONE FOLLOWED IN E
ANNEXURE	E	TRUE COPY OF THE PROSPECTUS OF ST KOLENCHERY	RELEVANT PAGES OF THE .PETER'S COLLEGE,
ANNEXURE	F	TRUE COPY OF THE REGULATIONS FOR UNDER CHOICE BAS	MAHATMA GANDHI UNIVERSITY UNDER GRADUATE PROGRAMS ED CREDIT SYSTEM 2017
ANNEXURE	G	TRUE COPY OF THE CONTEMPT CASE (C THIS HONOURABLE	ORDER DATED 02.08.2019 IN IVIL) NO.1381 OF 2019 OF COURT.
ANNEXURE RESPONDE	H NT'S/S EX	TRUE COPY OF THE CONTEMPT CASE (C HONOURABLE COURT HIBITS:	ORDER DATED 13.08.2019 IN IVIL) NO.1381/2019 OF THIS
ANNEXURE	R1(a)	TRUE COPY OF THE REPORT FOR THE P 05.10.2019	INDIVIDUAL ATTENDANCE ERIOD FROM 06.06.2019 TO

The Principal, St. Peter'S College v. Krishnadev Manoj

Case brief

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The Principal, St. Peter'S College v. Krishnadev Manoj

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