IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2450 of 2008(N) -------------------------------------- PETITIONERS: ---------------------- 1. GINSVI GOPALAN P.G., S/O. P.K.GOPALAN, STUDENT, 3RD SEMESTER: M.COM, N.S.S.COLLEGE, NENMARA, PALAKKAD DIST., RESIDING AT 5/480, POOJA NAGAR, PUTHUR, PALAKKAD. 2. SMRITHY SHANKAR, D/O. S.JAYASHANKAR, STUDENT, 2ND YEAR: BBA, N.S.S.COLLEGE, NENMARA, PALAKKAD DIST., RESIDING AT 'SHRUTHY', CHEERAKUZHI, P.O.KIZHAKKENCHERY, PALAKKAD DIST. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU M.P. RESPONDENTS: ------------------------- 1. UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT, REPRESENTED BY THE REGISTRAR. 2. THE VICE-CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 3. UNIVERSITY UNION, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DIST., REPRESENTED BY THE GENERAL SECRETARY. 4. THE PRINCIPAL, N.S.S.COLLEGE, NENMARA, PALAKKAD DIST. BY ADV. SRI.P.GOPAL BY SRI. P.C. SASIDHARAN, SC, CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2450/2008 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER NO.1 FROM THE COLLEGE. EXT.P2: COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER NO.20 FROM THE COLLEGE. EXT.P3: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER NO.1 IN THE EVENT FOLK DANCE-MEN, IN A-ZONE ARTS FESTIVAL- FEBRUARY,2007. EXT.P4: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER NO.1 IN THE EVENT FANCY DRESS, IN A-ZONE ARTS FESTIVAL- FEBRUARY, 2007. EXT.P5: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER NO.1 IN THE EVENT MONOACT, IN A-ZONE ARTS FESTIVAL-FEBRUARY,2007. EXT.P6: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER NO.1 IN THE UNIVERSITY AFTS FESTIVAL, 2006-07 IN THE EVENT FOLK DANCE (MEN). EXT.P7: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER NO.1 IN THE UNIVERSITY ARTS FESTIVAL, 2006-07 IN THE EVENT FANCY DRESS. EXT.P8: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER NO.1, IN THE EVENT BHARATANATYAM IN SWARALAYA DANCE AND MUSIC FESTIVAL-2004, PALAKKAD. EXT.P9: COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT IN A-ZONE ARTS FESTIVAL HELD IN FEBRUARY, 2007. EXT.P10: COPY OF A NEWS ITEM CAME IN THE DAILY 'MALAYALA MANORAMA' ON 05/02/2007. EXT.P11: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO.1 TO THE RESPONDENT NO.4 ON 16/01/2008. EXT.P12: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO.2 TO THE RESPONDENT NO.4 ON 18/01/2008. Kss ..2/- ...2..... WPC.NO.2450/2008 N 4TH RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF THE NOTIFICATION DTD. 19/11/2007. EXT.R4(B): COPY OF THE LETTER DTD. 10/12/2007 ISSUED BY THE DEAN OF STUDENTS WELFARE, CALICUT UNIVERSITY. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------------- W.P.(C) No.2450 of 2008 ------------------------------------------- Dated this the 24th day of January, 2008 JUDGMENT Petitioners are the students of NSS college, Nenmara. The first part of the relief is that the principal should be directed to see that the arts festival is held in the college at the earliest, at any rate before 29.1.2008. 2. In the counter affidavit filed by the principal it is stated that the college has no objection in conducting arts competitions, if more students come forward for participating in the arts competition. 3. On the other hand, the standing counsel for the university would submit that before any arts festival is conducted, it is imperative for the college to hold election to the college union and that only a committee with the participation of the chairman and the secretary of the college union alone can conduct the youth festival in the college. 4. It is the admitted position that, whatever be the reason, election to the college union has not been held. WPC2450/08 2 Therefore, going by the regulations that are relied on by the standing counsel for the university, it may not be possible for the principal to conduct the arts festival as prayed for by the petitioners. However, it is for the principal to explore the possibility of conducting the arts festival in terms of the regulations. 5. The alternate prayer made by the petitioners is to permit them to participate in the A-zone competition which is to commence from 30.1.2008. In terms of the regulations, only those who are successful in getting first price or second price in the college level arts festival alone can be permitted to participate in the zonal level arts festival. In this case the parties are unanimous that college level arts festival has not been conducted so far. That being the situation, this court will not be justified in directing the authorities to permit the petitioners to participate in the Zonal level competition as sought for by them. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE csl