IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WA.No. 1748 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.745/2006 Dated 04/12/2006 .................... APPELLANT(S): RESPONDENTS 1 & 2 ------------------------------- 1. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENHIPALAM, KOZHIKODE. 2. THE CONTROLLER OF EXAMINATION, CALICUT UNIVERSITY, THENHIPALAM, KOZHIKODE. BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. RESPONDENT(S): PETITIONER & RESPONDENTS 3 TO 5 ---------------------------------------------- 1. SARITHA K., W/O.SUMESH KUMAR, PANICHINGAL HOUSE, KIZHOKOTH, KODUVALLY. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. PRINCIPAL, AWH COLLEGE OF EDUCATION, CALICUT. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.R.BINDU FOR R2 AND R4 SRI.P.V.KUNHIKRISHNAN FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ------------------------------------------------------------------ WA No.1748 OF 2007 ------------------------------------------------------------------ Dated 14th October 2009 Judgment Balakrishnan Nair, J. This appeal is directed against the judgment of a learned Single Judge in WP(C) No.745/06. The said Writ Petition, along with WP(C) No.922/06, was heard and disposed of by a common judgment dated 4.12.2006. The University filed WA No.1192/07 against the judgment in WP(C)No.922/06. The said appeal was allowed by the Division Bench by judgment dated 25.05.2007, the relevant portion of which reads as follows : “In such circumstances, learned Single Judge was not justified in directing regularisation of admission of the petitioners to B.Sc. (Natural Science) degree course and therefore, the judgment of the learned Single Judge is set aside. 3. Counsel for the writ petitioners submitted that various orders have been issued by the University as well as the Government to regularise the admission of similarly situated persons. If that be so, it is open to the petitioners to approach the Syndicate of the University and the Syndicate will take note of all aspects of the WA NO.1748/07 2 matter and pass appropriate orders. The Writ Appeal is allowed as above.” The point raised in this appeal is covered by the above quoted judgment. Accordingly, this Appeal is allowed and it is ordered that the above quoted directions in the judgment in WA No.1192/07 will govern this case also. K.BALAKRISHNAN NAIR, JUDGE P.BHAVADASAN, JUDGE sta WA NO.1748/07 3