IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WA.No. 370 of 2011 -------------------- AGAINST THE JUDGEMENT IN WPC.4732/2011 Dated 01/03/2011 .................... APPELLANT/PETITIONER: --------------------------- JANCY RANI.A.K, WIFE OF ANIL KALAM, AGED 33 YEARS, T.C.49/112(1), MPRA 10-B, MANACAUD, TRIVANDRUM-695 009. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, KERALA UNIVERSITY, THIRUVANANTHAPURAM-695 034. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 034. 3. THE MANAGER, B N V COLLEGE OF TEACHER EDUCATION, THIRUVALLAM, THIRUVANANTHAPURAM-695 027. 4. THE PRINCIPAL, B N V COLLEGE OF TEACHER EDUCATION, THIRUVALLAM, THIRUVANANTHAPURAM-695 027. R1 & R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 370 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of April, 2011 JUDGMENT Antony Dominic, J. The unsuccessful petitioner in the writ petition has filed this writ appeal. 2. The appellant joined the B.N.V College of Teacher Education for M.Ed course and absented from 25.10.2010 to 23.12.2010. By Ext.P3 order of the Principal, her name was removed from the rolls of the College. Her removal from the College was challenged before this Court in W.P.(C) No.3522 of 2011. That writ petition was disposed of by Ext.P5 judgment and the learned Judge relegated the appellant to pursue her remedies before the Board for Adjudication of Student's Grievances constituted under Chapter XXXVI of the Kerala University First Statues. Accordingly the appellant filed Ext.P6 representation before the Board. The matter is pending. While so, the appellant filed another W.P. (C) No.4732 of 2011 with the following prayers: WA No. 370 of 2011 -:2:- “i) call for the records relating to Exhibit P3 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to readmit the petitioner and allow her to participate in the 1st Semester M.Ed Examination scheduled to be stated from 16.02.2011. iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to consider and pass appropriate orders upon Exhibit P6 and P7 within a time limit. iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. The learned Judge considered the Writ Petition and dismissed the same by judgment dated 01.03.2011. It is aggrieved by the said judgment, the writ appeal has been filed. 4. As far as the prayer for re-admission is concerned, in our view, the prayer itself is premature for the reason that, aggrieved by the removal from the College, pursuant to the directions of this Court in Ext.P5 judgment, appellant has filed an application before the Board for Adjudication of Student's WA No. 370 of 2011 -:3:- Grievances. It is said to be pending. Therefore, it is for the Board to consider that application and pass appropriate orders in the matter. If the decision of the Board is favourable to the appellant, then only the appellant can seek re-admission in the College for the first semester. 5. In our view the writ petition has been rightly dismissed by the learned Single Judge and we see no reason to interfere with the judgment. The Writ Appeal is dismissed. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb WA No. 370 of 2011 -:4:-