IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20778 of 2011(V) -------------------------- PETITIONER(S): ----------------------- MOHAMMED AFROS P.P., 'THAMANNA', NAYANAR ROAD, PONNIUM WEST P.O., THALASSERI (DIST) BY ADV. SRI.V.V.SURESH RESPONDENT(S): ------------------------- 1. THE REGISTRAR, KANNUR UNIVERSITY, KANNUR-670001. 2. THE MANAGER, SIBGA ARTS & SCIENCE COLLEGE, IRIKKUR P.O., KANNUR-670001. 3. THE PRINCIPAL, SIBGA ARTS & SCIENCE COLLEGE, IRIKKUR P.O., KANNUR-670001. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20778/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF HALL TICKET FOR THE YEAR 2007-08, 1ST YEAR B.SC. EXT.P2: PHOTOSTAT COPY OF THE REPRESENTATION FILED ON 10/6/2009. EXT.P3: PHOTOSTAT COPY OF THE REPRESENTATION FILED ON 30/11/2009. EXT.P4: PHOTOSTAT COPY OF THE LETTER ISSUED FROM THE UNIVERSITY DT 8/10/2009. EXT.P5: PHOTOSTAT COPY OF THE CERTIFICATE ISSUED FROM THE COLLEGE DATED 16/6/2008. EXT.P6: PHOTOSTAT COPY OF THE REPRESENTATION FILED ON 3/6/2011. EXTS. OF R1 ANNEXURE R1(a): TRUE COPY OF THE LETTER ISSUED BY THE PRINCIPAL OF THE SIGBA ARTS AND SCIENCE COLLEGE TO THE UNIVERSITY DATED 14.9.2009. ANNEXURE R1(b): TRUE COPY OF THE MEMO ISSUED BY THE UNIVERSITY DT 8.10.2009. ANNEXURE R1(c): TRUE COPY OF THE MEMO ISSUED BY THE UNIVERSITY TO THE PETITIONER DATED 28.1.2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 20778 OF 2011 ===================== Dated this the 5th day of August, 2011 J U D G M E N T Petitioner claims that he was a student of the college of which the 3rd respondent is the Principal. According to the petitioner, he completed the first year course in 2007-08 and that the College did not permit him to continue in the second year. It is stated that the petitioner sought readmission in the subsequent years, but however, despite repeated requests before the College and the University, they are not permitting him to continue his studies. It is with this grievance the writ petition is filed. 2. A statement has been filed by the standing counsel for the 1st respondent. Annexure R1(a) is the communication from the Principal of the College, which indicates that the petitioner did not attend the second year course from 1/6/2008 to 31/7/2008 and that he did not apply for condonation of his absence. It is also stated that the petitioner did not remit the semester fees for 2008-09. According to the Principal, for the aforesaid reasons, petitioner was removed from the rolls of the College. 3. Annexure R1(b) dated 8.10.2009 is yet another WPC No. 20778/11 :2 : communication from the Registrar of the University. This communication has been produced by the petitioner as Ext.P4. This communication shows that according to the report obtained from the College, petitioner is neither eligible for readmission nor for college transfer. However, in this communication, the petitioner was advised to submit a formal application for readmission/transfer duly recommended by the relieving and the receiving Principals, after getting the shortage of attendance during the first year condoned. Annexure R1(c) is yet another communication dated 28/1/2010, which informed the petitioner that the University has not received from him any application for college transfer or readmission. 4. As already seen, Ext.P4 [Annexure R1(b)] is dated 8/10/2009. Petitioner has not produced any document showing that he submitted any formal application for readmission or transfer duly recommended by the relieving and the receiving Principals as stated in Ext.P4. On the other hand, Ext.P6 is a representation made by the petitioner to the Registrar of the University, which cannot satisfy the requirements of Ext.P4 communication from the University. WPC No. 20778/11 :3 : 5. Thus the materials available before this Court does not indicate that the petitioner complied with the requirements specified by the University in Ext.P4. In such circumstances, on the materials available, this Court cannot direct the University to give readmission to the petitioner in the second year classes under the 3rd respondent. 6. Be that as it may, it is directed that if the petitioner complies with Ext.P4, it will be open to the University to consider his request in accordance with law. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp