IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 16576 of 2010(V) ------------------------------------ PETITIONER(S): ----------------------- 1. KRISHNANAND.S.BHAT, AGED 23, S/O.SRIKAR K.BHAT,'ANAND',IV/1112-B, MANJABHAGAVATHY LANE,NORTH CHERLAI, COCHIN-682002. 2. ANSAJ.K.E,AGED 23,S/O.IBRAHIM KIZHAKKE VELEE PARAMBU,VADUTHALA JETTY P.O,ALAPPUZHA-688535 3. ABDUL SALAM.M, AGED 23,S/O.MUHAMMED SALAMIYA MANZIL, NADAVATH NAGAR PO, ALAPPUZHA-685 559. 4. MITTU THOMAS, AGED 23, D/O.THOMAS XAVIER KURISINGAL HOUSE, KIMI'S NEST,PALLURUTHY, KOCHI-682 006. 5. SIBINI.B.,AGED 22.D/O.A.K.BASHEER, SIBIN COTTAGE, PALLURUTHY, KOCHI-682 006. BY ADV. SRI.K.V.SADANANDA PRABHU RESPONDENT(S): ----------------------- 1. THE MAHATMA GANDHI UNIVERSITY , KOTTAYAM, REPRESENTED BY ITS REGISTRAR, M.G.UNIVERSITY, KOTTAYAM. 2. THE PRINCIPAL, SIENA COLLEGE, EDAKOCHI. BY SRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 16576 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2010 J U D G M E N T The petitioners joined the 2nd respondent institution for the M.Sc. course in Information Technology allegedly believing the declaration in the official website of the University that the 2nd respondent institution is affiliated to the 1st respondent University. The petitioners have already written the 1st & 2nd semester examinations. The 3rd semester examination is declared to be held on 18th June 2010, as per Ext.P1 press release which appeared on 25th May 2010. In the meanwhile, the results of the first semester examinations were announced but the results of the petitioners are withheld without disclosing any reason to the petitioners. Further, the 1st semester examination for the subsequent batch for the year 2009-2011 is also announced to be held on 4th June, 2010, that too, on short notice, thereby denying the petitioners right to apply for W.P.(C)No. 16576 of 2010 -2- revaluation, or re-appearing for improvement, or for writing the examination for the failed subjects if any. It is under the above circumstances, this writ petition is filed seeking the following reliefs: i) To issue a direction to the 1st respondent university to publish the results of the 1st semester examination for M.Sc Information Technology course, written by the petitioners in the month of July 2009. ii) Further consequent upon the publication of the results of 1st semester examination under relief (i) direct the 1st respondent to re schedule the 1st semester examination declared under Ext.P1 for the 2009-2011 batch. iii) Direct the 1st respondent university to fix the centre of examination of the petitioners for the 3rd semester examination by issuing necessary hall tickets relating to the same AND (iv) Grant such other and further reliefs as are just and necessary to enable the petitioners to appear for the 3rd and 4th semester with out any hindrance by issuing appropriate orders in this regard. 2. Subsequent to filing this writ petition, the petitioners have also produced Ext.P9 extract from the website of the 1st respondent university, wherein the 2nd respondent college appears as one of the affiliated colleges of the university. 3. The standing counsel on instructions submits that, the very same question was considered by a learned Judge W.P.(C)No. 16576 of 2010 -3- of this court in W.P.(C) No.33187/2009 at the instance of the Principal and Manager of the institution, wherein identical reliefs have been denied by judgment dated 19.11.2009. Ext.P9 is tried to be explained by the standing counsel for the university stating that, that was only an oversight in updating the list and the list also contains a disclaimer clause. 4. I have considered the rival contentions in detail. The judgment in W.P.(C) 33187/2009 reads thus: “Heard Sri. Baby Isaac Illikal, the learned counsel appearing for the petitioners. The petitioners in this writ petition who are the Principal and Manager of Siena College of Professional Studies, Edacochin has filed this writ petition seeking the following reliefs. i) issue a writ of mandamus or any other writ or order directing the respondents to regularize the admission of students of M.Sc. IT made by the petitioners during 2008; ii) issue a writ of mandamus or any other writ or order directing the respondents to issue hall tickets and question paper to the students of M.Sc. IT admitted during 2008 by the petitioners and thereby enable them to complete the course; 2. The pleadings disclose that the Mahatma Gandhi University had granted provisional affiliation to the Siena College of Professional Studies to start various courses during the academic year 2002-03. For want of students, admissions were not made during that year for the B.C.A. degree course W.P.(C)No. 16576 of 2010 -4- and the M.Sc. degree course in Information Technology. 3. On the application filed by the educational agency, the University permitted the college to start the courses during the academic year 2003-04. The courses were not started during the said academic year also. Instead, without the permission of the University, the College started making admissions for the said two courses from the academic year 2005-06 onwards. Since the admissions were made without the permission of the University, hall tickets were not issued to the students. Thereupon every year writ petitions were filed. W.P.(C).Nos. 6254 of 2007 and 30478 of 2007 were filed during the year 2007 and W.P.(C). No.5369 of 2009 was filed this year wherein interim orders were sought for a direction to the University to permit students admitted for the M.Sc. degree course in Information Technology without the approval of the University to appear for the provisional affiliation. The petitioners sought a direction to the University to permit students admitted for the M.Sc. degree course in Information Technology to appear for the examination. 4. Though interim orders evidenced by Exts.P3, P4 and P9 were passed permitting such students to appear for the M.Sc. degree examination in Information Technology on a provisional basis, later, the writ petitions were dismissed as withdrawn. It is evident from Ext.P1 order passed by the Mahatma Gandhi University that provisional affiliation for one year was granted for the M.Sc. degree course in Information Technology during the academic year 2002-03. As stated earlier, the said course was not started in that year. Thereafter the educational agency sought the permission of the University to commence the course. The University granted permission for the academic year 2003-04. During the said year also, admissions were not made. Thereafter, even without affiliation and without the permission of the University, the college authorities made admission during the academic year 2005-06. Even thereafter the college authorities did not apply for affiliation for the M.Sc. degree course. Though an application for affiliation is said to have been filed, no material is produced in this writ petition to show that the educational agency has applied for grant of affiliation for the M.Sc. degree course in Information Technology. In such circumstances, having regard to the fact that admissions were made without affiliation and that the petitioner has been consistently filing writ petitions and withdrawing the writ petitions after interim orders permitting students of their college to appear for the examination on a W.P.(C)No. 16576 of 2010 -5- provisional basis, I am satisfied that the petitioners are not entitled to any relief in exercise of the discretionary jurisdiction vested in this Court under Article 226 of the Constitution of India. I therefore declare jurisdiction and dismiss the writ petition. “ 5. I can only sympathise with the petitioners. When this court categorically denied the very same reliefs at the instance of the Principal and Manager of the school, unless that judgment is set aside, I do not think that at the instance of the students, I can grant the same reliefs. Therefore the remedy of the petitioners lies in challenging that judgment appropriately. Therefore without prejudice to that right this writ petition is dismissed. S. SIRI JAGAN JUDGE shg/