IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WA.No. 1363 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22305/2011 Dated 20/09/2011 .................... APPELLANT(S): RESPONDENTS 1 & 2 IN WP(CIVIL) -------------------------------------------------------- 1. NATIONAL INSTITUTE OF TECHNOLOGY N.I.T.CAMPUS, CALICUT 673 601 REPRESENTED BY ITS DIRECTOR. 2. DEAN NATIONAL INSTITUTE OF TECHNOLOGY N.I.T.CAMPUS, CALICUT 673 601 BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): PETITIONER IN WPC ------------------------------------------ SHRI.AKMALSHA U.P., AGED 21 YEARS, S/O.MOIDEENKUTTY, AGED 21 YEARS, SHAS HOUSE, VELLUR P.O., POOKOTTOOR, MALAPPURAM - 676 517. BY ADV.SRI.A.M.SHAFFIQUE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1363 of 2011 ---------------------------------------------- Dated this the 23rd day of September, 2011 JUDGMENT J.Chelameswar, CJ. Aggrieved by an interim order dated 20th September, 2011 in W.P(C).No.22305 of 2011, the respondent therein preferred the instant appeal. The Writ Petition was filed by the sole respondent herein with the prayers as follows: “(i) declare that the petitioner has satisfied the conditions prescribed in RegulatIon 10.3, in the facts and circumstances of the case; (ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to register for the 7th Semester of the B.Tech Course in Electrical & Electronics Engineering at the National Institute of Technology, Calicut; and (iii) grant such other reliefs as this Hon'ble Court may deem fit and proper to grant int he facts and circumstances of the case.” 2. The dispute is regarding the right of the writ petitioner to be promoted to the 7th Semester of the B.Tech Course in Electrical & Electronics Engineering in the first appellant- WA.1363/11 2 Institution. Admittedly, the respondent has a backlog in the previous semesters. However, under Exhibit P4, the Head of the Department of the Electrical Engineering recommended that the respondent herein be promoted to the 7th Semester on the ground that the failure of the petitioner in the previous semesters in various subjects is due to the bad health of the respondent and that in spite of such bad health, the respondent put in considerable effort to clear some of the papers. 3. Assuming for the sake of argument that the factual assertions made in Exhibit P4 by the Head of the Department to be an accurate description of the factual state of affairs, the question still remains whether the individual opinion of the Head of the Department is consistent with the law regarding the pursuit of the academic course. That is a matter to be decided at the time of hearing of the Writ Petition. 4. In the circumstances, we do not see any reason to interfere with the order under appeal. But, at the same time, we are of the opinion that the matter is to be heard and disposed of at an earlier date. The sole respondent is represented by the learned counsel Sri.E.K.Nandakumar. Both the learned counsel for the appellant and the respondent agreed that the matter be listed on 3rd October, 2011. WA.1363/11 3 The Registry is directed to list W.P(C).No.22305 of 2011 on 3rd October, 2011 before the appropriate Bench. We make it clear that the respondent shall not be entitled to claim any equities on the basis of any benefit accrued to him pursuant to the order under appeal. The Writ Appeal is dismissed at the admission stage itself. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs