IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 35225 of 2009(W) --------------------------------------- PETITIONER: ------------------- ANOOP.P.K, S/O.KUNHIPPA, AGED 21 YEARS, 2ND YEAR B.COM (COMPUTER APPLICATION) ST.THOMAS COLLEGE, THRISSUR, THRISSUR DISTRICT HAVING PERMANENT RESIDENCE AT PALLATHIL HOUSE, MYLADI, NILAMBUR, MALAPPURAM DISTRICT. BY ADVS. MR.HARISH R. MENON, MR. K.T. SYAM KUMAR. RESPONDENTS: ------------------------ 1. UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM DISTRICT, REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM DISTRICT. 3. ST.THOMAS COLLEGE, THRISSUR, THRISSUR DISTRICT-680 001, REPRESENTED BY ITS PRINCIPAL. 4. DEVAGIRI COLLEGE, MEDICAL COLLEGE P.O., KOZHIKODE, KOZHIKODE DISTRICT, REPRESENTED BY ITS PRINCIPAL. R1 & R2 BY MR. P.C. SASIDHARAN, S.C, R3 BY ADV. MR. TONY GEORGE KANNANTHANAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35225/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.2: COPY OF THE CERTIFICATE ISSUED EVIDENCING PARTICIPATION IN 13TH ASIAN JUNIOR ATHLETIC CHAMPIONSHIP, JAKARTA, INDONESIA. EXT.P.2: COPY OF THE CERTIFICATE ISSUED BY KERALA STATE ATHLETIC ASSOCIATION, CERTIFYING THAT THE PETITIONER HAS WON GOLD MEDAL IN 100 MTS. IN 24TH NATIONAL JUNIOR ATHLETIC CHAMPIONSHIP DTD. 25/05/2009. EXT.P.3: COPY OF THE CERTIFICATE EVIDENCING PARTICIPATION IN KERALA STATE SENIOR ATHLETIC CHAMPIONSHIP 2009 HELD AT KOCHI ON 17/10/2009. EXT.P.4: COPY OF THE CERTIFICATE EVIDENCING PARTICIPATION IN KERALA STATE INTERCLUB ATHLETICS CHAMPIONSHIP HELD AT KOCHI ON 01/08/2009. EXT.P.5: COPY OF THE FINAL LIST FOR THE 49TH NATIONAL INTERSTATE SENIOR ATHLETICS CHAMPIONSHIP 2009. EXT.P.6: COPY OF THE CERTIFICATE ISSUED BY THE R.3. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 14/10/2009. EXT.P.8: COPY OF THE REPRESENTATION DTD. 04/12/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.35225 of 2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of December, 2009. JUDGMENT 1.The petitioner, while a student of Calicut University, had demonstrated outstanding performance as a sprinter. His credentials are a matter of record. With this, he faced a situation where on account of his inability to pay the examination fee in time, he was treated as removed from the University. According to him, he was away from Kerala participating in a national level event and it was, therefore, that he could not pay the examination fee in time. 2.At the stage of admission, noting the stand of the third respondent College, this Court issued an interim direction permitting the petitioner to participate in the Calicut University Inter Collegiate Athletic Championship. It is reported that he came out first in the event in which he WPC35225/09 -: 2 :- participated. 3.With this, what requires immediate attention is as to whether the University has to re-admit the student in accordance with law, even if it becomes necessary with the intervention of the Vice Chancellor in exercise of the emergency powers. Having regard to the fact situation, including the imminent Inter-University competitions, the first respondent University is directed to consider the request of the petitioner for re- admission on appropriate representation and on payment of necessary fee. Let this happen at the earliest so that the credentials and laurels that could come to the University could also be attained through the petitioner, if he is permitted to participate as the University's representative in the Inter-University competitions. Let a decision in this regard follow at the earliest, at any rate, within a WPC35225/09 -: 3 :- period of 10 days from the date of receipt of a copy of this judgment. If the petitioner is re- admitted, his participation and success in the Calicut University competitions will be treated as final for all intents and purposes. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2212