IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 RP.No. 233 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WA.2096/2009 Dated 01/02/2011 AGAINST THE JUDGEMENT/ORDER IN WPC.20367/2008 .................... REVIEW PETITIONER(S): THIRD PARTIES ----------------------------------- 1. ABDUL SHAHID T.T.P., FIRST SEMESTER B.P. ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 2. AJAY P.V., FIRST SEMESTER B.P.ED.STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 3. AJIM SALIM K,FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 4. CHRISTEENA ALIAS, FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 5. DAYANA T.EMMANUAL, FIRST SEMESTER B.P.ED STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 6. GLISON JOSE, FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125 7. LANJISH P.K., FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 8. MAHABOOB KHAN M.K. FIRST SEMESTER B.P.ED STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 9. MUHAMMED SHIHABUDEEN M.K., FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 10. NIJI C., FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION IRINJALAKUDA - 680125. R.P.NO.233/2011 11. REMYA T.R., FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA 680125. 12. RESHMA K., FIRST SEMESTER B.P. ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDCATION, IRINJALAKUDA - 680125. 13. SIVAPRASAD R., FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 14. TINTU ABRAHAM, FIRST SEMESTER B.P.ED STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. 15. VINEETH S., FIRST SEMESTER B.P.ED. STUDENT, CHRIST COLLEGE OF PHYSICAL EDUCATION, IRINJALAKUDA - 680125. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.DHANYA CHANDRAN SRI.M.V.JOSEPH (ALAPPUZHA) RESPONDENT(S): APPELLANTS & RESPONDENT --------------------------------------- 1. CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O. MALAPPURAM DISTRICT - 673635. 2. VICE CHANCELLOR, CALICUT UNIVERSITY, CALICUT UNVIERSITY P.O. MALAPPURAM DISTRICT - 673635. 3. CHRIST COLLEGE, IRINJALAKUDA - 680125. REPRESENTED BY ITS MANAGER, REV. FR.STEPHEN MENACHERY CMI. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R3 SRI.SANTHOSH MATHEW FOR R1,2 MR.BABY ISSAC ILLIKKAL FOR R3 MR.P.C.SASIDHARAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.NO.233/2011 APPENDIX PETITIONER'S EXHIBITS ANNEXURE A : COPY OF PROSPECTUS FOR COMMENCING BPED COURSE ISSUED BY R3. ANNEXURE B : COPY OF COMMUNICATION DATED 31/07/2010 SENT BY R3 TO THE NCTE. ANNEXURE C : COPY OF COMMUNICATION DATED 31/07/10 SENT BY R3 TO R1. ANNEXURE D: COPY OF LETTER DATED 05/02/2011 SENT BY THE PRINCIPAL OF R3 TO THE CONTROLLER OF EXAMINATIONS OF CALICUT UNIVERSITY. ANNEXURE E : COPY OF REPRESENTATION SUBMITTED BY R3 TO R1 DATED 23/03/2011. ANNEXURE F : COPY OF LETTER DATED 23/02/2011 SENT BY THE CONTROLLER OF EXAMINATIONS OF CALICUT UNIVERSITY TO THE PRINCIPAL OF R3. ANNEXURE G : COPY OF COVERING LETTER DATED 04/03/2011 SENT BY THE PRINCIPAL TO THE CONTROLLER OF EXAMINATIONS OF CALICUT UNIVERSITY. ANNEXURE H : COPY OF LETTER DATED 28/02/2011 SENT BY THE CONTROLLER OF EXAMINATIONS, CALICUT UNIVERSITY TO THE PRINCIPAL OF R3. ANNEXURE I : COPY OF LETTER DATED 14/03/2011 SENT BY THE CONTROLLER OF EXAMINATIONS, CALICUT UNIVERSITY TO THE PRINCIPAL OF R3. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... R.P.No.233 of 2011 in W.A. No.2096 of 2009 .................................................................... Dated this the 18th day of August, 2011. O R D E R Ramachandran Nair, J. This review petition is filed for reviewing our judgment directing the University to consider affiliation for Bachelor in Physical Education course in the 3rd respondent College for the academic year 2011-12. The College has no grievance against the judgment and learned Standing Counsel for the University submitted that already affiliation is granted for the current academic year 2011-2012. This Review Petition is however filed by the students who are admitted during the academic year 2010-2011 when the College did not have affiliation. Therefore, the students were rightly not permitted to write the examination conducted by the University because they have not undergone course study in a college which has affiliation for the course. Necessarily, the very same students should be admitted in the current academic year, if they want to pursue their studies, so that they can complete the R.P.No.233/2011 in W.A.No.2096/2009 2 course after the college got affiliation, write examination and pass the same. This Review Petition is disposed of directing the College to extend admission to all the students who are admitted during the last academic year to join and continue the course study in this academic year. Sd/- (C.N.RAMACHANDRAN NAIR, JUDGE) Sd/- (BHABANI PRASAD RAY, JUDGE) jg