IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 7928 of 2009(I) -------------------------------- PETITIONER: ---------------------- KRISHNAPRAKASH.U., AGED 23 YEARS,S/O.UDHANDARAMAN.S., PRATHAPA MANDIRAM,ARAPPURA, KANJIRAMKULAM P.O.,NEYYATTINKARA TALUK, THIRUVANANTHAPURAM-695 524. BY ADV. SRI.K.M.FIROZ RESPONDENTS: ------------------------ 1. THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.-673 635, REP.BY ITS REGISTRAR. 2. THE CO-ORDINATOR, CENTRE FOR PHYSICAL EDUCATION, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENJIPALAM. ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No.7928 of 2009 ------------------------------------ Dated this the 20th day of March, 2009 JUDGMENT The grievance of the petitioner is regarding Exhibit P2, by which he was informed by the respondents that he is dismissed from the Centre for Physical Education, where the petitioner was a student for B.P.E. According to the petitioner, he was placed under suspension by Exhibit P1 and subsequently he was issued Exhibit P2, dismissing him. His main grievance is that the order of dismissal was passed without even issuing a notice or affording an opportunity of hearing to him. 2. Standing counsel appearing for the respondents point out that before Exhibit P2 was issued, an enquiry was conducted . It is stated that though notice of enquiry was issued, the petitioner did not participate in the enquiry and it was therefore, the enquiry was concluded without further notice to the petitioner. It is stated that the enquiry report was placed before the Syndicate and based on the decision taken by the Syndicate to dismiss the petitioner, Exhibit P2 was issued. 3. Admittedly, the decision was taken by the Syndicate W.P.(C) No.7928/2009 2 without notice to the student. If that be so, the petitioner is well found in the submission that the order on Exhibit P2 was passed without issuing notice violating the principles of Natural Justice. Therefore, I feel that it is only appropriate for the Registrar of the University should hear the petitioner and submit a report to the Syndicate and the Syndicate shall reconsider Exhibit P2. It is directed that depending upon the decision to be taken by the Syndicate, the Syndicate will pass revised orders if the circumstances warrant the same. This shall be done as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm