IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 11605 of 2010(A) -------------------------- PETITIONER: --------------- MR.SAURABH SINGH GANGAWAR SHAILENDRA (PGP/13/018) 302, DELIGHT A I, SAKET PARADIZE, NEAR ADHARWADI JAIL, KALYAN (W),THANE (DIST) MAHARASHTRA. BY ADV. SRI.P.GOPALAKRISHNAN (MVA) RESPONDENTS: --------------- 1. INDIAN INSTITUTE OF MANAGEMENT, KUNNAMANGALAM, KOZHIKODE 673570, REPRESENTED BY ITS DIRECTOR. 2. THE DIRECTOR, THE INDIAN INSTITUTE OF MANAGEMENT, KUNNAMANGALAM KOZHIKODE-673570. 3. THE CHAIRPERSON, PGP, THE INDIAN INSTITUTE OF MANAGEMENT, KUNNAMANGALAM, KOZHIKODE - 673570. 4. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HUMAN RESOURCES, NEW DELHI -110001. ADV. SRI.K.M.JAMALUDHEEN,SENIOR PANEL COUNSE FOR R1-R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11605 of 2010(A) APPENDIX EXT.P1: TRUE COPY OF SCORE CARD ISSUED TO THE PETITIONER FOR COMMON ADMISSION TEST EXT.P2: TRUE COPY OF ACADEMIC HAND BOOK FOR 2009-2011 OF IIMK, CALICUT EXT.P3: TRUE COPY OF CERTIFICATE ISSUED BY MEDICAL OFFICER AT NIRMALA HOSPITAL, CALICUT EXT.P4: TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER OF IIMK DISPENSARY DATED 14.7.2009. EXT.P5: TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER OF IIMK DISPENSARY DATED 28.7.2009 EXT.P6: TRUE COPY OF CERTIFICATE ISSUED BY MEDICAL OFFICER AT NIRMALA HOSPITAL, CALICUT PROVING THAT THE PETITIONER WAS TREATED AS AN OUTPATIENT ON 9.8.2009 EXT.P7: TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY MEDICAL OFFICER ON 28.10.2009 EXT.P8: TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY MEDICAL OFFICER ON 23.11.2009 EXT.P9: TRUE COPY OF THE ORDER BY SECOND RESPONDENT DATED 22.2.2010 EXT.P10: TRUE COPY OF THE APPEAL PREFERRED BEFORE THE SECOND RESPONDENT BY THE PETITIONER EXT.P11: TRUE COPY OF ORDER DATED 19.3.2010 BY SECOND RESPONDENT RESPONDENTS EXHIBITS: EXT.R2(A): TRUE COPY OF THE GRADE SHEET OF THE PETITIONER EXT.R2(B): TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER DATED 27.7.2009 EXT.R2(C): TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER DATED 29.7.2009 EXT.R2(D): TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER DATED 8.1.2010 EXT.R2(E): TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER DATED 12.1.2010 EXT.R2(F): TRUE COPY OF THE NOTICE DATED 27.2.2010 ISSUED BY THE 2ND RESPONDENT CONSTITUTING THE COMMITTEE TRUE COPY P.A TO JUDGE ANTONY DOMINIC, J. ---------------------------------------------------- W.P(C) No. 11605 of 2010 ---------------------------------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T Petitioner is a student of PGDM Course under the first respondent. He approached this Court aggrieved by Exts.P9 and P11. In Ext.P9, he was informed that he had accumulated a total of 14 Deficit Credit Points and that in terms of clause 4.2.7 of Ext.P1, the academic hand book 2009-2011, he should leave the programme immediately. Thereupon, he applied for repeat option by filing Ext.P10 appeal which was rejected by Ext.P11 order. As a result of these orders, petitioner was threatened with the possibility of expulsion from the college, and it was at that stage that the writ petition has filed. 2. This Court admitted the writ petition by order dated 9.4.2010. Subsequently, this Court also passed order dated 17.10.2010, directing the respondents to allow the petitioner to repeat the first year of his course, in order to make up the deficiency as pointed out in Ext.P9. On the strength of the interim order passed petitioner was permitted to repeat the first year and it is submitted by both sides that the WPC No.11605/2010 accumulation of the DCPs is now within the permissible limits. He is also continuing in the college and is at the fag end of the Course. It is at that stage that this writ petition is coming up for hearing. 3. The learned counsel for the respondents relied on clause 4.2 of Ext.P1 hand book and contended that in view of the provisions contained therein Exts.P9 and P11 are legal. 4. Having regard to the developments subsequent to the filing of this writ petition and the fact that the student has been continuing the Course till now, I do not think it necessary for this Court to sit in judgment over Ext.P9 or P11 at this belated stage. Therefore, I dispose of this writ petition directing that the respondents will reconsider the eligibility of the petitioner and regularize the course of the petitioner in the light of the position as it now obtains, irrespective of Exts.P9 and P11. Sd/- ANTONY DOMINIC, JUDGE jma //true copy// P.A to Judge