Disposed

Jayakrishnan.J, v. State of Kerala

Kerala HC21 Mar 2024WP(C)/22376/2023

Case brief

AI extract

What is this about?

The Court directed the college Principal to decide on attendance shortage for suspended students. Upon College's decision, the University must publish examination results within two weeks. Results are currently shown as ineligible due to unverified attendance.

What did the court decide?

Direction to Principal to consider attendance and inform University, which shall publish results within two weeks.

Jayakrishnan.J, Vs State of Kerala — Education and Admissions | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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THURSDAY, THE 21^ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946

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WP(C) NO. 23216 OF 2023

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PETITIONER:

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JOE MARTIN.T AGED 20 YEARS B TECH (MECHANICAL 6TH SEMESTER STUDENT) GOVT ENGINEERING COLLEGE, KANNUR ROAD, WEST HILL, KOZHIKKOD, KERALA, PIN – 673005

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BY ADVS. T.SANJAY SANIL KUMAR G. SHABNA T.K.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION, 1 ST FLOOR, ANNEX.II, GOVT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001

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2 VICE CHANCELLOR APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA ROAD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695016

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3 THE CONTROLLER OF EXAMINATIONS APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695016

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4 THE REGISTRAR APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695016

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5 THE PRINCIPAL GOVT ENGINEERING COLLEGE, KANNUR ROAD, WEST HILL, KOZHIKKOD, KERALA, PIN - 673005

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W.P.(C) Nos. 23216 & 22376 of 2023

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..2..

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6 ACADEMIC COUNSEL REPRESENTED BY ITS SECRETARY GOVT ENGINEERING COLLEGE, KANNUR ROAD, WEST HILL, KOZHIKKOD, KERALA, PIN - 673005

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7 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA REPRESENTED BY REGISTRAR, PIN – 695016

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BY ADVS. ELVIN PETER P.J. K.R.GANESH(K/000551/1991)

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SMT.K.G.SAROJINI, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2024, ALONG WITH WP(C).22376/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 23216 & 22376 of 2023

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..3..

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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 MOHAMMED NIAS C.P. THURSDAY, THE 21^ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946 WP(C) NO. 22376 OF 2023

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PETITIONER:

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JAYAKRISHNAN.J, AGED 20 YEARS B TECH (MECHANICAL 6TH SEMESTER STUDENT) GOVT ENGINEERING COLLEGE, KANNUR ROAD, WEST HILL, KOZHIKKOD, KERALA 673005, RESIDING AT SARASWATHYMANDIRAM, AYAMKUDY P.O., KADUTHURUTHY, KOTTAYAM DISTRICT,PIN - 673005

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BY ADVS. T.SANJAY SANIL KUMAR G. SHABNA T.K.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION, 1ST FLOOR, ANNEX.II, GOVT SECRETARIAT, THIRUVANANTHAPURAM, KERALA PIN, PIN - 695001

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2 VICE CHANCELLOR APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695016

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3 THE CONTROLLER OF EXAMINATIONS APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695016

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4 THE REGISTRAR APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695016

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5 THE PRINCIPAL GOVT ENGINEERING COLLEGE, KANNUR ROAD, WEST HILL, KOZHIKKOD, KERALA, PIN - 673005

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W.P.(C) Nos. 23216 & 22376 of 2023

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..4..

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6 ACADEMIC COUNSIL 6.REPRESENTED BY ITS SECRETARY GOVT ENGINEERING COLLEGE, KANNUR ROAD, WEST HILL, KOZHIKKOD, KERALA, PIN - 673005

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7 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANATHAPURAM ,KERALA, REPRESENTED BY REGISTRAR, PIN – 695016

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BY ADVS. GOVERNMENT PLEADER ELVIN PETER P.J. K.R.GANESH(K/000551/1991)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2024, ALONG WITH WP(C).23216/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 23216 & 22376 of 2023

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..5..

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MOHAMMED NIAS C.P., J.

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- - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 23216 & 22376 of 2023

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21^st day of March, 2024

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J U D G M E N T

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The petitioner in W.P.(C) No. 22376/2023 was a student of the B Tech Course in Mechanical Engineering of the 2020 – 2024 batch in the Government Engineering College, Calicut. While he was studying in the sixth semester, on account of certain untoward incidents that took place on 24/04/2023, the petitioner was suspended from 12/05/2023 to 11/07/2023. On a representation preferred by the petitioner, the decision to bar the students figuring in the Ext.P2 list from writing the KTU Examination was revoked as the college council was not authorized to take such a decision. This is seen from Ext.P6 dated 01/07/2023.

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With respect to the petitioner in W.P.(C) No. 23216 of 2023,

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he was suspended based on the same incident from 12/05/2023 to 11/09/2023.

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This Court by interim order dated 18/07/2023 permitted the petitioners to appear for the sixth semester Mechanical Engineering Examinations but held that the results need not be declared without obtaining further orders from the Court. Later, by order dated

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..6..

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W.P.(C) Nos. 23216 & 22376 of 2023

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18/12/2023, this Court directed the respondents to declare the results. Though the results were published under the directions of this Court, the same was shown as FE (Failed in Eligibility). The learned Counsel for the University submits that this happened because the eligibility to write the examination depends on attendance and that the question of attendance has to be certified by the Principal of the Institution going by the Regulations.

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Since the petitioners have already written the examinations, of course, based on the interim orders of this Court, a decision has to be taken by the College with respect to their attendance. Accordingly, there will be a direction to the fifth respondent, the Principal of the College to consider the question of shortage of attendance or its condonation and to intimate its decision to the seventh respondent University, who then will decide on the question of publication of the results. The Principal of the College will also take into account Ext.P6 while taking a decision as directed above. On the college taking a decision and intimating the University, the results will be published within two weeks thereafter.

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The writ petitions are disposed of as above.

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Sd/- MOHAMMED NIAS C.P. JUDGE

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APA

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W.P.(C) Nos. 23216 & 22376 of 2023

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..7..

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APPENDIX OF WP(C) 23216/2023

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE	COP	Y OF	TH	E NOTICE BEARING
	NO.C1 BY TH	/2817 E 4TH	/23/GEC RESPON	KKD DA DENT	TED 12.05.2023 ISSUED
EXHIBIT P2	TRUE DATED	COPY 12.0	OF THE 5.2023	ORDER ISSUED	NO.C1/2817/23/GECKKKD BY THE 5TH RESPONDENT
EXHIBIT P3	TRUE 13.05	COPY .2023	OF SUBMIT	THE TED BY	REPRESENTATION DATED THE PETITIONER
EXHIBIT P4	TRUE 26.05	COPY .2023	OF THE ISSUED	ORDER BY THE	NO.C1/2817/23/GECKKD 5TH RESPONDENT
EXHIBIT P5	TRUE BY TH RESPO	COPY E 1ST NDENT	OF THE PETIT	E MAIL IONER	DATED 04.07.2023 SENT ADDRESSED TO THE 4TH
EXHIBIT P6	TRUE 01.07	COPY .2023	OF THE	NO.C1	/2817/23/GECKKD DATED
EXHIBIT P7	TRUE PETIT	COPY IONER	OF THE FOR 6T	REGIST H SEMES	RATION DETAILS OF THE TER EXAMINATION
EXHIBIT P8	TRUE	COPY	OF	THE R	EPORT CARD OF THE
	PETIT ATTEN	IONER DANCE	FOR IN ALL	6TH S SUBJEC	EMESTER SHOWING HIS TS

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W.P.(C) Nos. 23216 & 22376 of 2023

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..8..

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APPENDIX OF WP(C) 22376/2023

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PETITIONER EXHIBITS

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EXHIBIT P1	A TRUE COPY OF THE ISSUED BY THE 4TH RE	NOTICE SPONDEN	DATED T	12.05.2023
EXHIBIT-P2	A TRUE COPY	OF	TH	E ORDER
	NO.C1/2817/23/GECKKK ISSUED BY THE 5TH RE	D DA SPONDEN	TED T	12.05.2023
EXHIBIT-P3	A TRUE COPY OF TH 13.05.2023 SUBMITTED	E REPR BY THE	ESENTA PETITI	TION DATED ONER
EXHIBIT-P4	A TRUE COPY NO.C1/2817/23/GECKKD THE 5TH RESPONDENT	OF 26.05	TH .2023	E ORDER ISSUED BY
EXHIBIT-P5	A TRUE COPY OF THE SENT BY THE 1ST PETI 4TH RESPONDENT	LETTER TIONER	DATED ADDRE	25.06.2023 SSED TO THE
EXHIBIT-P6	A TRUE COPY NO.C1/2817/23/GECKKD BY THE 5TH RESPONDEN	OF DATED T	TH 01.07.	E ORDER 2023 ISSUED
EXHIBIT-P7	A TRUE COPY OF THE THE PETITIONER FOR 6	REGISTR TH SEME	ATION STER EX	DETAILS OF AMINATION
EXHIBIT-P8	A TRUE COPY OF TH PETITIONER FOR 6TH ATTENDANCE	E REPO SEMES	RT CA TER S	RD OF THE HOWING HIS

Jayakrishnan.J, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jayakrishnan.J, v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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