IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 13659 of 2009(B) ---------------------------------------- PETITIONER(S): ------------------------- BALU R. KURUP, HARIPRASADAM, KALLUMTHAZHOM.P.O, KOLLAM - 691 005. BY ADV.MR.S.SANTHOSH KUMAR RESPONDENT(S): --------------------------- 1. THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REP. BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, TRAVANCORE ENGINEERING COLLEGE, ROADVILA, CHERIYAVELINALLOOR.P.O, OYOOR, KOLLAM. 4. TRAVANCORE EDUCATION SOCIETY, REG. OFFICE AT KALLAMBALAM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. R1 & R2 BY ADV. MR. M. RAJAGOPALAN NAIR, SC, KERALA UTY R3 & R4 BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13659/2009 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROGRESS REPORT AND CERTIFICATE OF CHARACTER & ANTECEDENTS ISSUED BY THE 3RD RESPONDENT. P2: COPY OF MEMO DTD. 24/02/2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P3: COPY OF THE SHOW CAUSE NOTICE DTD. 12/03/2009 ISSUED BY THE 3RD RESPONDENT. P4: COPY OF THE EXPLANATION DTD. 13/03/2009 OF THE PETITIONER TO 3RD RESPONDENT. P5: COPY OF THE MASS PETITION DTD. NIL SUBMITTED BY THE STUDENTS BEFORE THE V.C.UNIVERSITY OF KERALA. P6: COPY OF PETITION DTD. 1/05/2009 OF THE PETITIONER TO THE REGISTRAR. P7: COPY OF PETITION DTD. 1/05/2009 PETITIONER'S FATHER TO PUBLIC INFORMATION OFFICER, TRAVANCORE ENGINEERING COLLEGE. P8: COPY OF THE MEMO DTD. 16/03/2009 ISSUED BY THE PRINCIPAL. P9: COPY OF COMPLAINT DTD. 25/05/2009 FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No.13659 of 2009 -------------------------- Dated this the 28th May,2009 J U D G M E N T Petitioner, who is a student of the Travancore Engineering College of which 3rd respondent is the Principal, was dismissed from the college following disciplinary action. He had approached this Court essentially aggrieved by the fact that he was not served with a copy of the proceedings by which he was dismissed from the college and also aggrieved by the fact that he has not been permitted to appear for the 6th Semester Examination. 2. This Court had earlier directed the Principal of the College to serve a copy of the proceedings taken against the petitioner. This has been done as evidenced by Exhibit-P8. Petitioner then preferred Exhibit-P9 in the form of an appeal before the Board for Adjudication of Students' Grievance of the Kerala University, which is styled as a complaint under Chapter 36 of the Kerala W.P ( C) No.13659 of 2009 2 University First Statutes, 1975. It is appropriate that the said complaint be dealt with in accordance with law. 3. Learned standing counsel for the University submits that complaint in the nature of Exhibit-P9 will have to be forwarded by the Principal of the College to the Chairman of the Board being the Vice Chancellor who will after a preliminary enquiry and if the complaint is found to be maintainable, thereafter place it before the Board as such. The Board will then conduct a full fledged enquiry and take appropriate decision. Submission is recorded. Accordingly, the writ petition is disposed of with the following directions: i) Third respondent shall forward Exhibit-P9 to the Vice Chancellor of the University, the 1st respondent within a week from the date of receipt of a copy of this judgment. The Vice Chancellor shall then proceed to consider Exhibit-P9 and take appropriate action within two weeks thereafter. If the Vice Chancellor places it before the Board for Adjudication of Students' Grievance then final decision shall be taken by the Board within three months W.P ( C) No.13659 of 2009 3 from the date of receipt of Exhibit-P9. An enquiry shall be conducted after notice to the petitioner as also the college officials. If the Vice Chancellor takes a decision not to place it before the Board then such decision shall be taken only after notice to the petitioner and he shall pass orders, at any rate, within three weeks from the date of receipt of Exhibit-P9 as duly forwarded by the 3rd respondent. (V.GIRI,JUDGE) ma W.P ( C) No.13659 of 2009 4 W.P ( C) No.13659 of 2009 5