Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY,THE27H DAY OF SEPTEMBER20135TH ASWINA, 1935 W.P.(C).No.30155 of 2012 (T) --------------------------------------------------- PETITIONERS:- ---------------------- 1. BASIL BABY, AGED22YEARS, S/O.M.O.BABY, 7TH SEMESTER-B.TECH.(MECHANICAL), SAINTGITS COLLEGE OF ENGINEERING, KOTTUKULAM HILLS, PATHAMUTTOM.P.O, KOTTAYAM, PIN - 686 532, PERMANENTLY RESIDING AT MUNDIKUDY HOUSE, KOZHIPPILLY.P.O, INCHOR, KOTHAMANGALAM, PIN - 686 691.
2. KOSHY P.RAJU, AGED22YEARS, S/O.VARGHESE RAJU, 7TH SEMESTER-B.TECH. (APPLIED ELECTRONICS), SAINTGITS COLLEGE OF ENGINEERING, KOTTUKULAM HILLS, PATHAMUTTOM.P.O, KOTTAYAM, PIN - 686 532, PERMANENTLY RESIDING PARAMEL HOUSE, PERINGALA.P.O., KAYAMKULAM, PIN - 690 559.
3. MARTIN AUGUSTINE, AGED22YEARS, S/O.C.V.AUGUSTINE, 7TH SEMESTER-B.TECH. (MECHANICAL), SAINTGITS COLLEGE OF ENGINEERING, KOTTUKULAM HILLS, PATHAMUTTOM.P.O, KOTTAYAM, PIN - 686 532, PERMANENTLY RESIDING AT NADAPPURATHU HOUSE, ITHITHANAM.P.O, CHANGANACHERRY, PIN-686 535. BY ADVS.SRI.P.T.DINESH SRI.C.N.SAMEER RESPONDENTS:- ------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMAGANDHI UNIVERSITY, PRIYADARSINI HILLS.P.O., KOTTAYAM, PIN - 686 560.
2. THE VICE CHANCELLOR AND CHAIRMAN OF BOARD FOR ADJUDICATION OF STUDENTS GRIEVANCES, MAHATMAGANDHI UNIVERSITY, PRIYADARSINI HILLS.P.O., KOTTAYAM, PIN - 686 560. W.P.(C).NO.30155 OF2012- 2 - 3. THE CONTROLLER OF EXAMINATIONS, MAHATMAGANDHI UNIVERSITY, PRIYADARSINI HILLS.P.O., KOTTAYAM, PIN - 686 560.
4. THE PRINCIPAL, SAINTGITS COLLEGE OF ENGINEERING, KOTTUKULAM HILLS, PATHAMUTTOM.P.O., KOTTAYAM, PIN - 686 532.
5. THE COLLEGE COUNCIL OF SAINTGITS COLLEGE OF ENGINEERING, REPRESENTED BY THE SECRETARY/MANAGER, SAINTGITS COLLEGE OF ENGINEERING, KOTTUKULAM HILLS, PATHAMUTTOM.P.O., KOTTAYAM, PIN - 686 532. R1 TO R3 BY STANDING COUNSEL DR.P.LEELAKRISHNAN. R4 & R5 BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM (SENIOR ADVOCATE) & SRI.TONY GEORGE KANNANTHANAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2709-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.30155 OF 2012 APPENDIX PETITIONERS' EXHIBITS:- ------------------------------------- EXT.P1- TRUE COPY OF THE NOTICE OF SUSPENSION DATED267.2012 BY THE4H RESPONDENT. EXT.P2- TRUE COPY OF THE2D NOTICE OF SUSPENSION BY THE4H RESPONDENT. EXT.P3- TRUE COPY OF THE MEMO DATED148.2012 ISSUED TO THE IST PETITIONER BY THE4H RESPONDENT. EXT.P3(a)- TRUE COPY OF THE MEMO DATED148.2012 ISSUED TO THE2D PETITIONER BY THE4H RESPONDENT. EXT.P3(b)- TRUE COPY OF THE MEMO DATED148.2012 ISSUED TO THE3D PETITIONER BY THE4H RESPONDENT. EXT.P4- TRUE COPY OF THE REPRESENTATION DATED168.2012 SUBMITTED BY THE PETITIONERS TO THE2D RESPONDENT. EXT.P5- TRUE COPY OF THE APPLICATION FILED BY THE3D PETITIONER UNDER RTAACT TO THE PUBLIC INFORMATION OFFICER OF THE SAINTGITS COLLEGE OF ENGINEERING. EXT.P5(a)- TRUE COPY OF THE POSTAL RECEIPT ISSUED BY THE POSTAL AUTHORITIES ON178.2012. EXT.P6- TRUE COPY OF THE JUDGMENT
DATED271.2011 IN W.P.(C)NO.30445/2010. EXT.P7- TRUE COPY OF THE JUDGMENT
DATED1910.2011 IN W.P.[C] NO.12627/2011. EXT.P8- TRUE COPY OF THE JUDGMENT
DATED228.2012 IN W.P[C]NO.19985/2012. EXT.P9- TRUE COPY OF THE MEMO NO.8519/03/ACA VIII/2012 DATED2910.2012 BY THE DEPUTY REGISTRAR-1(ACAD) FOR REGISTRAR. EXT.P10- TRUE COPY OF THE RELEVANT PART OF THE SET OF APPLICATION SUBMITTED BY THE IST RESPONDENT TO THE PRINCIPAL. EXT.P10(a)- TRUE COPY OF THE RELEVANT PART OF THE SET OF APPLICATION SUBMITTED BY THE2D RESPONDENT TO THE PRINCIPAL. W.P.(C).NO.30155 OF2012- 2 - EXT.P11- TRUE COPY OF THE ORDER
NO.E1.XXV/B.Tech. ISSUED BY THE ASSISTANT REGISTRAR (EXAMS) FOR THE CONTROLLER OF EXAMINATIONS TO THE3D PETITIONER. EXT.P12- TRUE COPY OF THE ORDER
NO.EK III/C/3/PR-79/1714/2012 DATED44.2013 BY THE CONTROLLER OF EXAMINATIONS TO THE PRINCIPAL. EXT.P13- TRUE COPY OF THE RELEVANT PAGE OF U.O.NO.1690/03/ACAVIII/13 DATED2703.2013 BY THE DEPUTY REGISTRAR-I (ACAD). RESPONDENTS' EXHIBITS:- ---------------------------------------- NIL. (true copy) K. Vinod Chandran, J.
------------------------------------------- W.P.(C).No.30155 of 2012-T ------------------------------------------- Dated this the 27th day of September, 2013 JUDGMENT
The petitioners are students of the 4th respondent-College, affiliated to the 1st respondent-University. On the basis of a complaint of altercation between the students of the College, the petitioners were suspended along with 12 others, by Exhibit P1. By Exhibit P2, again 6 other students were suspended on the very same allegations arising from the very same incident. The incident reported was with respect to an altercation between the students, which resulted in physical violence. An enquiry was conducted and the petitioners were suspended for 40 (forty) days, as is evidenced by Exhibits P3, P3(a) and P3(b). Subsequent to the suspension of the petitioners, the petitioners filed Exhibit P4 appeal and also approached this Court for consideration of the same. By Exhibit P8 judgment, this Court noticed the submission of the petitioners that if the suspension is not revoked, it would entail a disqualification from appearing for the examination and, hence, directed consideration of the appeal after notice to the petitioners within a period of eight weeks. WP(C).No.30155 of 2012-T - 2 - 2. It is submitted that the petitioners were afforded a hearing and by Exhibit P9 it was intimated to the petitioners that the Principal has agreed to recommend the request for condonation of attendance shortage. The petitioners were also satisfied with the same and did not pursue the appeal further. Subsequently, the petitioners were intimated by Exhibit P12 that the condonation is granted only on medical grounds and since the suspension remains as such, there could be no condonation, since medical grounds was also not projected as a reason for condoning the absence. In the circumstances, by Exhibit P12 the petitioners' request for condonation of shortage of attendance stands rejected. The learned counsel for the petitioner would contend that the same is against the directions in Exhibit P8, since this Court had specifically directed the Board for Adjudication of Students' Grievances (hereinafter referred to as "the Board") to consider the request for condonation of shortage of attendance of the petitioners.
3. This Court is of the opinion that the said contention is based on a fallacy that the appeal placed before the Board was one with respect to condonation of shortage of attendance. It is to be noticed that the proceedings leading to the suspension and the condonation of shortage of attendance are two different and distinct WP(C).No.30155 of 2012-T - 3 - issues. What was directed in Exhibit P8 is the consideration of the appeal against the suspension order. The Board misdirected itself and recorded the willingness of the Principal to forward a recommendation for condonation of shortage of attendance and closed the appeal. The request for condonation of attendance shortage, however, as noticed earlier, despite the recommendation of the Principal, stood rejected by reason of there being no medical grounds projected, which alone could entitle such condonation.
4. In any event, it is seen from the records of the present case that while the writ petition was pending, the petitioners were permitted to provisionally attend the 7th and 8th Semester examinations and the expediency now projected by the learned counsel for the petitioners, is the anticipation of supplementary examinations being scheduled to November, 2013. This Court is of the opinion that there cannot be any provisional grant of permission for appearing for the supplementary examinations, especially since that would require the publication of the results of the 7th and 8th Semester examinations. The publication of the results of the 7th and 8th Semester examinations definitely would turn on the conclusion of the proceedings taken against the suspension order. In the circumstance of the Board having misdirected itself in recording the willingness of the Principal to WP(C).No.30155 of 2012-T - 4 - recommend for the shortage of attendance of the petitioners, it is directed that the Board shall take up the appeal and dispose of the same afresh, after issuing notice to the petitioners as also the Principal and consider the issue whether the suspension is proper, in accordance with the Mahatma Gandhi University Students' Code of Conduct Rules, 2005 and other regulations on the subject as also on facts. The exercise shall be completed within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the publication of the result of the 7th and 8th Semester would depend on the result of Exhibit P4 appeal and also on the existence of any other disability from appearing in the examinations, which the petitioners invited upon themselves. The writ petition is disposed of as above. No costs. Sd/- K.Vinod Chandran Judge. vku/- ( true copy )