IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).NO. 33150 OF 2010(P) --------------------------------------- PETITIONER(S): ----------------------- 1. MATHEW K.MATHEW, S/O.K.M. MATHEW, KARANATHU-VADAKATHIL HOUSE, KARIPUZHA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 2. GEORGE JACOB, S/O.ANNE JACOB, POOTHIKODE, UPASANA NAGAR, 85, CANTONMENT NORTH, KOLLAM. 3. VIMESH. V., S/O.REMY, AKKARAVILA VEEDU, N.M.S. JUNCTION, ATTINGAL. 4. PAUL P.MATHEW, S/O.ELIYAMMA, PANANTAZHIKATH PUTHEN VEEDU, KADAMBANADU, ADOOR 5. EBY THOMAS. R., S/O.ROBERT, SHERIN VILLA, AAYATHIL, KOLLAM. BY ADV. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. RESPONDENT(S): -------------------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY ITS VICE CHANCELLOR THIRUVANANTHAPURAM-695 034 2. UNIVERSITY OF KERALA, REPRESENTED BY THE COMPTROLLER OF EXAMINATIONS, THIRUVANANTHAPURAM-695 034. 3. THE PRINCIPAL, BACELLIOUS MATHEWS II COLLEGE OF ENGINEERING LAKE VIEW, SASTHAMCOTTA, KOLLAM-690 520. R1 & R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC. R3 BY ADV. SRI.S.SANTHOSH KUMAR, SMT.P.LISSY JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 33150/2010-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STATEMENT FILED BY THE COMPLAINANT DATED 10/09/2009. EXT.P2: COPY OF THE COMMUNICATION DATED 14/07/2010. EXT.P3: COPY OF THE ORDER DATED 14/10/2010 OF SUPERINTENDENT OF POLICE, KOLLAM. EXT.P4: COPY OF THE ORDER CANCELLING THE SUSPENSION OF THE PETITIONERS DATED 21/10/2010. EXT.P5: COPY OF THE REPRESENTATION DATED 21/10/2010. EXT.P6: COPY OF THE LETTER SENT BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT DATED 21/10/2010. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE COMPLAINT DATED 05/08/2009 OF SRI.SALEMKUMAR M. EXT.R3(b): COPY OF THE COMPLAINT DATED 05/08/2009 OF SRI.K. MURALIDHARAN. EXT.R3(c): COPY OF THE PRELIMINARY ENQUIRY REPORT DATED 05/08/2009. EXT.R3(d): COPY OF THE LETTER DATED 05/08/2009 FILED BY THE 3RD RESPONDENT BEFORE THE S.I. OF POLICE. EXT.R3(e): COPY OF THE LETTER DATED 03/11/2010 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.R3(f): COPY OF THE STATEMENT SHOWING ACADEMIC PERFORMANCE OF THE PETITIONERS. EXT.R3(g): COPY OF THE B.TECH DEGREE COURSE-2003 REGULATIONS OF THE UNIVERSITY OF KERALA. //TRUE COPY// P.S. TO JUDGE rs P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 33150 of 2010 -------------------------- Dated this the 17th February, 2011 J U D G M E N T Petitioners approached this Court originally with the following prayers: "i) to issue a writ of mandamus or any other writ, directing the respondents to register the names of the petitioners in the 7th semester exam of B.Tech Engineering (CSE) proposed to be conducted on 10.11.2010 and allow them to writ the exam; and ii) to grant such other reliefs as this Honourable Court may deem fit in the circumstances of this case." 2. The writ petition was subsequently got amended and the amended prayers are the following. "i) to issue a writ of mandamus or any other writ, directing the respondents to register the names of the petitioners in the 7th semester exam of B.Tech Engineering (CSE) proposed to be conducted on 10.11.2010 and allow them to writ the exam; i (a) to issue a writ of mandamus directing the 3rd respondent to permit the petitioners to attend the classes of 8th semester of B.Tech Engineering (CSE) which started from 25.11.2010 forthwith, in the interest of justice; and W.P (C) No. 33150 of 2010 2 ii) to grant such other reliefs as this Honourable Court may deem fit in the circumstances of this case." 3. With regard to the prayers sought for by the petitioners, the University has filed a statement dated 11.2.2011, wherein, it is stated in paragraphs 7 and 8 as follows: "7. As per the B.Tech Regulations a student who is not eligible for shortage of attendance shall repeat the course when it is offered again. Moreover as per the B.Tech Regulations a student can register for VIIth semester examination only if he/she has passed fully the examinations upto IVth semester. None of the petitioners have passed all the examinations upto IVth semester. Therefore the petitioners are not entitled to register for the VIIth semester examination nor have any right to attend the VIIth semester classes. Therefore, the registration granted to the petitioners for the 7th semester as per the interim order of this Hon'ble Court is liable to be cancelled. 8. It is respectfully submitted that, if the petitioners want to proceed their B.Tech Studies, they have to seek re-admission to VIIth semester when it is offered again and have to pass all the semester examinations upto IVth semester before applying for registration to VIIth semester." W.P (C) No. 33150 of 2010 3 4. Learned standing counsel appearing for the University submits with reference to the contents of the said statement that the prayer of the petitioners to permit them to undergo the course is not liable to be entertained, by virtue of the relevant provisions of law/ Regulations. It is also brought to the notice of this Court that, VIIIth semester classes have already started on 25.11.2010 and that the petitioners cannot be permitted to attend the said semester now. Eventhough this Court had permitted the petitioners to participate in the VIIth semester examinations, learned standing counsel also submits that the petitioners did not make use of the opportunity, but for appearing only for two papers and they failed in the said two papers as well. 5. Considering the facts and circumstances of the case, this Court does not find any tenable ground to entertain the reliefs sought for by the petitioners. The writ petition fails and it is dismissed accordingly. However, it is made clear that this verdict will not bar the way of the petitioners from being permitted to attend the VIIth W.P (C) No. 33150 of 2010 4 semester on filing necessary application and on being allowed in this regard. Sd/- P.R.RAMACHANCDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No. 33150 of 2010 5