IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16576 of 2010(V)
1. KRISHNANAND.S.BHAT, AGED 23,
... Petitioner
2. ANSAJ.K.E,AGED 23,S/O.IBRAHIM KIZHAKKE
3. ABDUL SALAM.M, AGED 23,S/O.MUHAMMED
4. MITTU THOMAS, AGED 23, D/O.THOMAS XAVIER
5. SIBINI.B.,AGED 22.D/O.A.K.BASHEER,
Vs
1. THE MAHATMA GANDHI UNIVERSITY ,
... Respondent
2. THE PRINCIPAL, SIENA COLLEGE, EDAKOCHI.
For Petitioner :SRI.K.V.SADANANDA PRABHU
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :03/06/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 16576 of 2010
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Dated this the 3rd day of June, 2010
J U D G M E N T
The petitioners joined the 2nd respondent institution for
the M.Sc. course in Information Technology allegedly
believing the declaration in the official website of the
University that the 2nd respondent institution is affiliated to
the 1st respondent University. The petitioners have already
written the 1st & 2nd semester examinations. The 3rd
semester examination is declared to be held on 18th June
2010, as per Ext.P1 press release which appeared on 25th
May 2010. In the meanwhile, the results of the first
semester examinations were announced but the results of
the petitioners are withheld without disclosing any reason
to the petitioners. Further, the 1st semester examination for
the subsequent batch for the year 2009-2011 is also
announced to be held on 4th June, 2010, that too, on short
notice, thereby denying the petitioners right to apply for
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revaluation, or re-appearing for improvement, or for writing
the examination for the failed subjects if any. It is under the
above circumstances, this writ petition is filed seeking the
following reliefs:
i) To issue a direction to the 1st respondent university to
publish the results of the 1st semester examination for
M.Sc Information Technology course, written by the
petitioners in the month of July 2009.
ii) Further consequent upon the publication of the results of
1st semester examination under relief (i) direct the 1st
respondent to re schedule the 1st semester examination
declared under Ext.P1 for the 2009-2011 batch.
iii) Direct the 1st respondent university to fix the centre of
examination of the petitioners for the 3rd semester
examination by issuing necessary hall tickets relating to
the same AND
(iv) Grant such other and further reliefs as are just and
necessary to enable the petitioners to appear for the 3rd
and 4th semester with out any hindrance by issuing
appropriate orders in this regard.
2. Subsequent to filing this writ petition, the
petitioners have also produced Ext.P9 extract from the
website of the 1st respondent university, wherein the 2nd
respondent college appears as one of the affiliated colleges
of the university.
3. The standing counsel on instructions submits that,
the very same question was considered by a learned Judge
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of this court in W.P.(C) No.33187/2009 at the instance of
the Principal and Manager of the institution, wherein
identical reliefs have been denied by judgment dated
19.11.2009. Ext.P9 is tried to be explained by the standing
counsel for the university stating that, that was only an
oversight in updating the list and the list also contains a
disclaimer clause.
4. I have considered the rival contentions in detail.
The judgment in W.P.(C) 33187/2009 reads thus:
“Heard Sri. Baby Isaac Illikal, the learned counsel appearing for
the petitioners. The petitioners in this writ petition who are the
Principal and Manager of Siena College of Professional Studies,
Edacochin has filed this writ petition seeking the following
reliefs.
i) issue a writ of mandamus or any other writ
or order directing the respondents to
regularize the admission of students of
M.Sc. IT made by the petitioners during
2008;
ii) issue a writ of mandamus or any other writ
or order directing the respondents to issue
hall tickets and question paper to the
students of M.Sc. IT admitted during 2008
by the petitioners and thereby enable them
to complete the course;
2. The pleadings disclose that the Mahatma Gandhi
University had granted provisional affiliation to the Siena
College of Professional Studies to start various courses during
the academic year 2002-03. For want of students, admissions
were not made during that year for the B.C.A. degree course
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and the M.Sc. degree course in Information Technology.
3. On the application filed by the educational agency, the
University permitted the college to start the courses during the
academic year 2003-04. The courses were not started during
the said academic year also. Instead, without the permission of
the University, the College started making admissions for the
said two courses from the academic year 2005-06 onwards.
Since the admissions were made without the permission of the
University, hall tickets were not issued to the students.
Thereupon every year writ petitions were filed. W.P.(C).Nos.
6254 of 2007 and 30478 of 2007 were filed during the year
2007 and W.P.(C). No.5369 of 2009 was filed this year wherein
interim orders were sought for a direction to the University to
permit students admitted for the M.Sc. degree course in
Information Technology without the approval of the University
to appear for the provisional affiliation. The petitioners sought a
direction to the University to permit students admitted for the
M.Sc. degree course in Information Technology to appear for
the examination.
4. Though interim orders evidenced by Exts.P3, P4
and P9 were passed permitting such students to appear for the
M.Sc. degree examination in Information Technology on a
provisional basis, later, the writ petitions were dismissed as
withdrawn. It is evident from Ext.P1 order passed by the
Mahatma Gandhi University that provisional affiliation for one
year was granted for the M.Sc. degree course in Information
Technology during the academic year 2002-03. As stated
earlier, the said course was not started in that year. Thereafter
the educational agency sought the permission of the University
to commence the course. The University granted permission for
the academic year 2003-04. During the said year also,
admissions were not made. Thereafter, even without affiliation
and without the permission of the University, the college
authorities made admission during the academic year 2005-06.
Even thereafter the college authorities did not apply for
affiliation for the M.Sc. degree course. Though an application
for affiliation is said to have been filed, no material is produced
in this writ petition to show that the educational agency has
applied for grant of affiliation for the M.Sc. degree course in
Information Technology. In such circumstances, having regard
to the fact that admissions were made without affiliation and
that the petitioner has been consistently filing writ petitions and
withdrawing the writ petitions after interim orders permitting
students of their college to appear for the examination on a
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provisional basis, I am satisfied that the petitioners are not
entitled to any relief in exercise of the discretionary jurisdiction
vested in this Court under Article 226 of the Constitution of
India. I therefore declare jurisdiction and dismiss the writ
petition. ”
5. I can only sympathise with the petitioners. When
this court categorically denied the very same reliefs at the
instance of the Principal and Manager of the school, unless
that judgment is set aside, I do not think that at the
instance of the students, I can grant the same reliefs.
Therefore the remedy of the petitioners lies in challenging
that judgment appropriately. Therefore without prejudice
to that right this writ petition is dismissed.
S. SIRI JAGAN
JUDGE
shg/