IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23337 of 2011(N) -------------------------- PETITIONER(S): --------------- NAYIB E.M., S/O.E.A.MUHAMMED ABDUL RAHMAN, AGED 27 YEARS, 7TH SEMESTER B.TECH STUDENT (COMPUTER SCIENCE AND ENGINEERING), S N M INSTITUTE OF MANAGEMENT AND TECHNOLOGY, MALIANKARA, NORTH PARAVUR. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD SRI. T.A. SHAJI, SC, M.G.UNIVERSITY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TECHNICAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 2. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM - 686 580. 3. THE MANAGER, S N M INSTITUTE OF MANAGEMENT AND TECHNOLOGY, MALIANKARA, NORTH PARAVUR - 683 516. 4. THE PRINCIPAL, S N M INSTITUTE OF MANAGEMENT AND TECHNOLOGY, MALIANKARA, NORTH PARAVUR - 683 516. SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH SRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.23337/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE FEE RECEIPT DT 19.7.11. P2 COPY OF THE FEE RECEIPT DT 15.6.10. P3 COPY OF THE FEE RECEIPT DT 15.6.10. P3(A) COPY OF THE FEE FOR APPLICATION FORM. P3(B) COPY OF THE FEE RECEIPT DT 8.7.09. P3(C) COPY OF THE FEE RECEIPT DT 8.7.09. P4 COPY OF THE PETITION FILED BEFORE THE JUSTICE MOHAMMED COMMITTEE. P5 COPY OF THE HEARING NOTICE DT 1.8.11. P6 COPY OF THE ARTICLE OF THE PETITIONER. P7 COPY OF THE MEMO DT 10.8.11. P7(A) COPY OF THE REPLY. P8 COPY OF THE ORDER OF PRINCIPAL. P9 COPY OF THE APPEAL BEFORE THE UNIVERSITY. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 23337 of 2011 N ``````````````````````````````````````````````````````````` Dated this the 26th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is a student of the college of which the fourth respondent is the Principal. Ext.P8 is an order issued by the Principal of the College, placing the petitioner under suspension pending enquiry on the allegations mentioned therein. Although it is the case of the petitioner that Ext.P8 reflects the vengeance of the Principal on the petitioner for the reason that the petitioner had moved Ext.P4 before the Committee submitted under the Kerala Professional Colleges or Institutions (Prohibition of Capitation fee, Regulation of Admission, Fixation of non-exploitative fee and other measures to ensure equity and excellence in Professional Education) Act, I do not think it necessary now to go into such issue at this stage. This is for the reason that the petitioner has already approached the statutory authority, viz., Board for Adjudication of Students Defences W.P.(C) No.23337/2011 : 2 : of the second respondent University to which the college is affiliated. 2. Therefore, taking note of the above, I direct the second respondent to place Ext.P9 before the Board for Adjudication and direct that a decision on Ext.P9 shall be taken, at any rate, within three weeks from the date of production of a copy of this judgment. Petitioner shall produce a copy of this judgment and writ petition before the second respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/26/08 // True Copy // P.A. To Judge