High Court at Ernakulam disposed of Writ Petition (Civil) No. 21654 of 2019, filed by Mother Arts and Science College, upon the petitioners filing an application to withdraw the petition with liberty to pursue fresh sanctions. The court dismissed the petition as withdrawn on 29.11.2021.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 29TH DAY OF NOVEMBER 2021 / 8TH AGRAHAYANA, 1943 WP(C) NO. 21654 OF 2019
PETITIONER:
MANAGER
MOTHER ARTS AND SCIENCE COLLEGE, P.O.PERUVALLUR, THRISSUR-680508.
BY ADVS. K.B.GANGESH SMT.ATHIRA A.MENON
RESPONDENTS:
BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).21654/2019
2
J U D G M E N T
Dated this the 29th day of November, 2021
S. Manikumar, CJ.
Instant writ petition is filed for the following reliefs:
“i) a Writ of certiorari or any other appropriate writ, order or direction to quash Ext. P6 order issued by the 2nd respondent;
ii) a Writ of mandamus or any other appropriate writ, order or direction commanding the respondents to grant additional affiliation to MSc. Physics course to the petitioner's college as recommended by it vide Ext. P2 forthwith from the academic year 2019-20 onwards as directed by this Hon'ble Court in Ext. P5 judgment and to permit the petitioner's college to commence the course by admitting students of its own from the year 2019-20 onwards.”
the writ petition with liberty to the petitioner to pursue his fresh application for sanction of Msc. Physics course in Mother Arts & Science College, Peruvallur, submission has been made.
W.P(C).21654/2019
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submission of learned counsel for the petitioner, writ petition is
dismissed as withdrawn.
Sd/S. Manikumar, Chief Justice
Sd/Shaji P. Chaly, Judge
sou.
W.P(C).21654/2019
4
APPENDIX OF WP(C) 21654/2019
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF APPLICATION DATED 24.10.2016 BY THE PETITIONER'S COLLEGE OF MSC. PHYSICS COURSE TO THE RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF LETTER DATED 11.7.2017, ISSUED BY THE RESPONDENT UNIVERSITY TO THE GOVERNMENT RECOMMENDING SANCTION OF MSC.PHYSICS COURSE FOR THE COLLEGE. |
| EXHIBIT P3 | TRUE COPY OF COMMUNICATION DATED 11.12.2017 ISSUED BY THE GOVERNMENT. |
| EXHIBIT P4 | TRUE COPY OF COMMUNICATION DATED 12.7.2018 ISSUED BY THE UNIVERSITY TO THE PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF THE JUDGMENT IN WPC.NO.24790/2018 DATED 3.7.2019. |
| EXHIBIT P6 | TRUE COPY OF ORDER DATED 29.7.2019 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE REVISED SCHEDULE FOR SINGLE WINDOW ADMISSION FOR POST GRADUATE COURSE PUBLISHED BY THE 1ST RESPONDENT UNIVERSITY ON 29.5.2019. |
| EXHIBIT P8 | TRUE COPY OF THE JUDGMENT OF THIS HON BLE COURT IN WPC NO.22768/2018 DATED 17.09.2018. |
| EXHIBIT P9 | TRUE COPY OF UNIVERSITY ORDER NO.11712/2018/ADMN DATED 05.10.2018. |
| EXHIBIT P10 | TRUE COPY OF LETTER DATED 16/08/2019 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT UNIVERSITY. |
| EXHIBIT P11 | TRUE COPY OF LETTER DATED 20/08/2019 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT UNIVERSITY. |
W.P(C).21654/2019
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EXHIBIT P12 TRUE COPY OF LETTER DATED 31/08/2019 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT UNIVERSITY. EXHIBIT P13 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WA.NO.1933/2019 DATED 03/09/2019. EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WA. NO.1947/2019 ON 18/11/2019. EXHIBIT P15 TRUE COPY OF LETTER DATED 12/11/2019 PREFERRED BY THE STUDENTS OF MSC PHYSICS COURSE OF THE PETITIONER'S COLLEGE TO THE 2ND RESPONDENT. EXHIBIT P15(a): TRUE ENGLISH TRANSLATION OF EXT.P15. EXHIBIT P16: TRUE COPY OF THE NOTIFICATION DATED 04/11/2019 ISSUED BY THE 2ND RESPONDENT UNIVERSITY REGARDING CONDUCT OF FIRST SEMESTER REGULAR POST GRADUATE EXAMINATIONS.
2 issues framed by the court
Whether to allow the withdrawal of the writ petition
Whether to dismiss the writ petition as withdrawn upon filing of I.A. No.1 of 2021
1 provisions across 1 enactments
Mother Arts and Science College, P.O.Peruvallur
University of Calicut
The Registrar, University of Calicut
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
