IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32573 of 2011(V) -------------------------- PETITIONER(S): --------------- 1. VIPIN, CHAIRMAN, COLLEGE UNION, P.A.AZIZ COLLEGE OF ENGINEERING AND TECHNOLOGY, KARAKULAM, THIRUVANANTHAPURAM 695701 2. ABDUL RAHOOF A.R. UNIVERSITY UNION COUNCILOR, P.A.AZIZ COLLEGE OF ENGINEERING AND TECHNOLOGY, KARAKULAM, THIRUVANANTHAPURAM 695701 3. VAISAKH M.G. UNIVERSITY UNION COUNCILOR, P.A.AZIZ COLLEGE OF ENGINEERING AND TECHNOLOGY, KARAKULAM, THIRUVANANTHAPURAM 695701 BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- THE UNIVERSITY OFKERALA, REPRESNTED BY ITS REGISTRAR, THIRUVANANTHAPURAM 695001. SRI.GEORGE POONTHOTTAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32573/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF THE NOTIFICATION OF THE RESPONDENT DT 15.11.2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32573 OF 2011 ===================== Dated this the 7th day of December, 2011 J U D G M E N T Petitioners are the Chairman of the College Union and the University Union Councilors of a Self Financing Engineering College known as P.A.Aziz College of Engineering and Technology affiliated to the respondent University. 2. The prayer sought in this writ petition reads thus:- “a. direct the respondent to publish the result of the combined 1st and 2nd semester B.Tech degree examination of the students of P.A.Aziz College of Engineering and Technology, Karakulam, Thiruvananthapuram held in May 2011 by the issue of a writ of mandamus or such other writ or direction. b. direct the respondent not to harass the students of P.A.Aziz College of Engineering and Technology, Karakulam, Thiruvananthapuram by not issuing hall tickets for the examinations by delaying revaluation and withholding the results of the examinations by the issue of a writ of mandamus or such other writ or order or direction.” 3. The provocation for filing this writ petition according to the learned counsel for the petitioners is Ext.P1 notification issued WPC No.32573/11 :2 : by the University on 15/11/2011 notifying the provisional list of successful candidates in the combined First and Second Semester B.Tech Degree Examinations held in May, 2011. However, in so far as the results of the students of the P.A.Aziz College of Engineering and Technology where the petitioners herein are students are concerned, it was ordered that the same will be announced later. It is therefore this writ petition is filed. 4. However, the College in question had filed WP(C) No.15184/11 before this Court. In that writ petition the issue mainly was that without obtaining orders of affiliation, in violation of the University Act and Statutes, College had admitted 60 students in B.Tech Electronics and Communication in the academic year 2009- 10 and 2010-11. Therefore, University had issued show cause notice for withdrawing the affiliation of the college and reply was filed by the educational agency. Thereafter, the University issued an order levying fine of `20,00,000/- on the College. It was seeking to set aside this order issued by the University, the writ petition was filed by the College. 5. This Court heard the parties and disposed of the writ petition by judgment dated 2/12/2011 holding that the University Act or the Statutes do not empower it to levy fine and that the WPC No.32573/11 :3 : University shall reconsider the proceedings pursuant to the show cause notice for withdrawal of the affiliation. In pursuance to the said judgment, the issue is pending consideration of the University. It is immediately after the disposal of the aforesaid writ petition, the student leaders have filed this writ petition praying for the aforesaid reliefs. 6. In my view, when the University itself is seized of the proceedings pursuant to a show cause notice proposing withdrawal of the affiliation of the college itself, necessarily, declaration of results which are now withheld will have to await the outcome of such proceedings. Therefore, at this stage, it will not be proper for this Court to direct declaration of results as sought for. 7. Once orders are passed by the University on the aforesaid show cause notice, if affiliation still survives and admission of the petitioners are also treated as regular, it will be open to the petitioners or the management of the College in question to move the University for declaration of results. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp