Dismissed

Apj Abdul Kalam Technological University v. Joel Sunny Varghese

Kerala HC26 Oct 2023WA/1780/2023

Case brief

AI extract

What is this about?

The High Court dismissed an appeal challenging a Single Judge's judgment regarding the Act of Governor's consent on the University's statutes. The Court held that the Single Judge merely raised doubts about constitutionality without declaring the statute void, finding no reason for interference.

What did the court decide?

The writ appeal is dismissed; the impugned judgment of the learned Single Judge is allowed to remain.

Apj Abdul Kalam Technological University Vs Joel… — Education and Admissions | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945

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WA NO. 1780OF 2023

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AGAINST THE JUDGMENT IN WP(C) 25594/2022 OF HIGH COURT OF
KERALA

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APPELLANT/1^ST RESPONDENT IN WPC:

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APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
CET CAMPUS, THIRUVANANTHAPURAM, KERALA,
REPRESENTED BY ITS REGISTRAR, PIN – 695 016

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BY ADV ELVIN PETER P.J.

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RESPONDENTS/PETITIONERS & RESPONDENT NO.2:

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1 JOEL SUNNY VARGHESE, AGED 23 YEARS
S/O. SUNNY VARGHESE, 8TH SEMESTER,
COMPUTER SCIENCE ENGINEERING 4TH YEAR STUDENT,
UNIVERSITY UNION COUNCILLORS, SREE BUDDHA COLLEGE
OF ENGINEERING, PATTOOR - 690 529, ALAPPUZHA
DISTRICT, RESIDING AT JITESH VILLA,
PULLIKANAKKU.P.O., KAYAMKULAM,
ALAPPUZHA DISTRICT-, PIN – 690 537

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2 ASWIN S.S., AGED 21 YEARS,
S/O. SHAJI. L.R., 6TH SEMESTER,
MECHANICAL ENGINEERING 3RD YEAR STUDENT,
UNIVERSITY UNION COUNCILLORS, MAR BASELIOS
COLLEGE OF ENGINEERING AND TECHNOLOGY,
THIRUVANANTHAPURAM-695 015, RESIDING AT
PARAYANKONAM, CHERUVIKKAL, SREEKARYAM.P.O.,
THIRUVANANTHAPURAM, PIN – 695 001.

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W.A.No.1780 of 2023

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3 STATE OF KERALA
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY
ITS SECRETARY., PIN – 695 001

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OTHER PRESENT:

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ADV. GOWRI BALAGOPAL FOR THE APPELLANT; SPL.GP TO
ADDL.AG ADV. RAMANAND K.B.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1780 of 2023

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JUDGMENT

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Dated this the 26^th day of October 2023

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A.J. Desai, C.J.

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By way of the present appeal filed under section 5 of the Kerala High Court Act, 1958, the appellant/1^st respondent has challenged the judgment of the learned Single Judge dated 29.08.2022 in W.P.(C)No.25594 of 2022 mainly on the ground that the learned Single Judge, while disposing of the writ petition, had made certain observations in paragraph 31 of the impugned judgment, which may create difficulties for the University in future.

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We heard learned Advocate appearing for the appellant and examined the judgment in question in this appeal.

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Paragraph 31 of the judgment reads as under:

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“31. In summation, I am left with doubt that Statute No.5 of Chapter IV of the "First Statues", as it presently stands, is unconstitutional and contra legis, in as much as it denies valuable rights to the vast majority of students who are studying in the various affiliated Colleges of the

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W.A.No.1780 of 2023

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University; while granting it to a much lower number of students, which does not concede to any intelligible differentia in fostering such a classification.”

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By the above observations, the learned Single Judge has

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raised some doubts about Statute No.5 of Chapter IV of the First

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Statutes and has not declared it as unconstitutional or illegal.

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Hence, we do not find any reason to interfere with the

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judgment impugned. The writ appeal is, accordingly, dismissed.

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Pending interlocutory applications, if any, shall stand closed.

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Sd/-

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A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge

vpv

//TRUE COPY//

P.A. TO JUDGE

Apj Abdul Kalam Technological University v. Joel Sunny Varghese

Case brief

What is this about?

What did the court decide?

Apj Abdul Kalam Technological University v. Joel Sunny Varghese

Case brief

What is this about?

What did the court decide?

What the court decided

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