IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WA.No. 1533 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25436/2011 Dated 04/10/2011 .................... APPELLANT(S): PETITIONER ------------------------ V.ANEESHKUMAR, S/O.B.VI JAYAN, AGED 25 YEARS, B.SC. ZOOLOGY (5TH SEMESTER) (FINAL YEAR) STUDENT,(DISMISSED),GOVT.MAHARAJAS COLLEGE, HEAD POST OFFICE, ERNAKULAM AND RESIDING AT CHAKKUPURAYIL VEEDU, ALAKUZHY, KURA P.O., KOTTARAKKARA-691 557. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY AND THE CHAIRMAN, BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES, MAHATMA GANDHI UNIVERSITY, PRIYADARSANI HILLS, KOTTAYAM-686 560. 2. THE PRINCIPAL, GOVERNMENT MAHARAJA'S COLLEGE, HEAD POST OFFICE, ERNAKULAM-682 011. 3. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. MR.C.S.MANILAL, GOVERNMENT PLEADER FOR R MR.T.A.SHAJI, SC FOR MG UNIVERSITY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/11/2011, ALONG WITH WPC NOS. 25436 & 26355 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1533/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE-I : COPY OF WP(C) NO.20830/2011 WITH EXHIBITS ANNEXURE-2 : COPY OF WP(C) NO.26355/2011 WITH EXHIBITS. ANNEXURE-3 : COPY OF FIRST PAGE OF PRACTICAL RECORD DATED 01/12/2010 ISSUED BY THE HEAD OF THE DEPARTMENT ZOOLOGY, MAHARAJA'S COLLEGE, ERNAKULAM. ANNEXURE-4 : COPY OF INTERIM ORDER DATED 17/10/2011. ANNEXURE-5 : COPY OF LETTER DATED 17/10/2011 ALONG WITH DULY FILLED IN APPLICATION FOR REGISTRATION OF 5TH SEMESTER EXAMINATION AND APPLICATION FOR REGISTRATION TO 3RD SEMESTER DEGREE EXAMINATION, OCTOBER 2011, SUPPLEMENTARY PRACTICAL BOTANY. RESPONDENT'S EXHIBITS ANNEXURE-I : COPY OF ATTENDANCED AND OTHER DETAILS. //TRUE COPY// PA TO JUDGE. jg MANJULA CHELLUR, Ag.CJ. & C.N.RAMACHANDRAN NAIR, J. .................................................................... W.A. No.1533 of 2011, WP(C) Nos.25436 & 26355 of 2011 .................................................................... Dated this the 9th day of November, 2011. J U D G M E N T Manjula Chellur, Ag.CJ. It is not in dispute that the appellant herein joined B.Sc Zoology course in the 2nd respondent College. The problem seems to have started when he was in the 4th semester, on a complaint that he plucked few tapioca plants. He was suspended initially, but later he was admitted to studies. Again he was suspended on the allegation that a glass slide of microscope in the laboratory was intentionally dropped and broken by him when he was in the 5th semester. According to the appellant student, it was accidentally dropped, but according to the college authorities, it was intentionally thrown at a teacher. An enquiry was conducted based on the said allegation and later on he was dismissed from the College as per order dated 20/06/2011. W.A. No.1533, WP(C) Nos.25436 & 26355 of 2011 2 2. Appellant filed an appeal before the statutory appellate authority. As a matter of fact, though the allegations against the appellant student was found to be true, a lenient view was taken by the appellate authority by directing the Principal to admit him to the 5th semester. When the college authorities did not permit him to attend the 5th semester he came up with WP(C) No.25436/2011 seeking a writ of mandamus directing the respondent authorities to admit him to the 5th semester. Similarly, the Principal of the College also filed WP(C) No.26355/2011 challenging the orders of the statutory appellate authority modifying the order of dismissal by directing the respondent College to admit him to the 5th semester. Meanwhile, in the Writ Petition the appellant sought for permission to write the 5th semester examination, and the Principal of the College objected the same on the ground that he did not attend the classes of the 5th semester. According to the Principal, the appellant did not even register for the 5th semester. W.A. No.1533, WP(C) Nos.25436 & 26355 of 2011 3 3. Aggrieved by the interim order of the learned Single Judge, the present appeal is filed. As the appeal and the two Writ Petitions pertain to the same person and as they are inter connected, all the three cases are taken up for consideration and disposal. 4. Though the learned Government Pleader was contending serious allegations against the appellant student, when we look at the charges it was with regard to breaking of a glass slide used in the microscope in the laboratory. We note from the submissions across the bar that the appellant being a Bachelor in Technology (B.Tech) wanted to pursue his B.Sc in Zoology and ended up with this problem when he was in the 4th semester. The appellant is desirous of completing the 3rd year, i.e. 5th & 6th semesters, after attending classes. Though the learned counsel for the respondent College submitted that the appellant did not successfully complete the 4th semester, learned counsel for the appellant submitted that there is provision of carry over from the 4th semester to the 5th W.A. No.1533, WP(C) Nos.25436 & 26355 of 2011 4 semester. Learned counsel for the appellant submits that he is not aware whether the appellant attended the 4th semester examination or not, but according to him, he has completed the course in the 4th semester and he would attend the examination if he has not completed the same by now. The fact remains that the appellant has to complete the 5th & 6th semester classes as the same requires practical classes as well to write the examination of the 5th & 6th semesters. We are in November, 2011, which would mean he has lost almost 4 months' classes of the 5th semester. Unless he attends the 5th semester classes he would not be able to write the 5th semester examination to proceed to the 6th semester. In that view of the matter in the best interest of the appellant, it would be just and proper to permit him to attend the 5th semester for the academic year 2012-2013 which would likely to commence in June, 2012. In the light of the above observation, we direct the 2nd respondent Principal to permit the appellant to attend the classes of the 5th semester which W.A. No.1533, WP(C) Nos.25436 & 26355 of 2011 5 would commence in June, 2012 so as to complete the 3rd year course by attending the 5th & 6th semesters. In the light of the above observations, the Writ Appeal and the two Writ Petitions are disposed of. (MANJULA CHELLUR, ACTING CHIEF JUSTICE) (C.N.RAMACHANDRAN NAIR, JUDGE) jg