Contempt case filed against university officials for non-implementation of interim order directing provisional declaration of exam results. Court found no wilful default as administrative issues remained unresolved.
Contempt case closed without prejudice to petitioner's right to move appropriate application in writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
CON.CASE(C) NO. 382 OF 2024
AGAINST THE ORDER DATED 18.12.2023 IN WP(C) NO.22376 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WPC:
JAYAKRISHNAN.J AGED 20 YEARS B TECH (MECHANICAL 8TH SEMESTER STUDENT) GOVT ENGINEERING COLLEGE, KANNUR ROAD, WEST HILL, KOZHIKODE, KERALA, PIN - 673005
BY ADVS. T.SANJAY SANIL KUMAR G.
RESPONDENT/5TH AND 3RD RESPONDENTS IN THE WPC:
1 DR. P.C. REGHURAJ THE PRINCIPAL, GOVT ENGINEERING COLLEGE, KANNUR ROAD, WEST HILL, KOZHIKODE, KERALA, PIN - 673005
2 DR. ANANDA RESHMI. S THE CONTROLLER OF EXAMINATIONS, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695016
SMT. S. L. SYLAJA. GP. SRI.ELVIN PETER, SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 382 OF 2024 2
T.R. RAVI, J.
-------------------------------------------- Con.Case(C) No.382 of 2024 in W.P(C).No.22376 of 2023
Dated this the 15th day of March, 2024
JUDGMENT
The contempt case has been filed alleging non compliance of the directions issued by this Court in Annexure A1 interim order. This Court had by an interim order directed the respondents to declare the result of the petitioner provisionally subject to the result of the writ petition, since it is submitted that the petitioner is in the seventh semester and there will be a campus selection during the coming semesters and the non declaration of the result will affect his chances.
An affidavit has been filed by the 2 nd respondent wherein it is stated that even though the results are ready, the same cannot be uploaded since the issues relating to the attendance shortage, disciplinary action and suspension period are not yet resolved. It is stated that it is only after the
CON.CASE(C) NO. 382 OF 2024 3
above issues are sorted out that necessary changes can be made in the portal enabling the University to publish the grade in the portal. I do not think there is any wilful noncompliance of the directions. The contempt case is hence closed without prejudice to the right of the petitioner to move appropriate application in the writ petition seeking reliefs.
Sd/-
T.R.RAVI JUDGE
LEK
CON.CASE(C) NO. 382 OF 2024 4
APPENDIX OF CON.CASE(C) 382/2024
PETITIONER ANNEXURES
| Annexure A1 | CERTIFIED COPY 18.12.2023 IN |
OF WP. |
THE INTERIM ORDER DATED NO.22376/2023 |
|---|---|---|---|
| Annexure A2 | TRUE COPY OF 11.01.2024 |
THE | COVERING LETTER DATED |
| Annexure A3 | TRUE COPY 25.01.2024 |
OF | THE REMINDER DATED |
RESPONDENT ANNEXURES
Annexure R2(a) TRUE COPY OF THE RESULT OF THE PETITIONER GENERATED BY THE UNIVERSITY ON 20.02.2024
1 issue framed by the court
Whether the failure to upload examination results due to pending attendance and disciplinary issues amounts to wilful non-compliance requiring contempt proceedings.
JAYAKRISHNAN.J
DR. P.C. REGHURAJ
DR. ANANDA RESHMI. S
T.RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
