IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 28433 of 2004(I)
1. LIJO K.J., KARTHIKA, MANNAM NAGAR P.O.,
... Petitioner
Vs
1. PRINCIPAL, N.S.S.COLLEGE, PANDALAM.
... Respondent
2. REGISTRAR, UNIVERSITY OF KERALA,
For Petitioner :SRI.THOMAS ABRAHAM
For Respondent :SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY.
Coram
Dated : / /
O R D E R
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K.BALAKRISHNAN NAIR, J.@@
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W.P.(C) NO.28433/2004-I@@
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ORDER@@
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.HE 1
The petitioner seeks admission to M.A.English course
in the college of the 1st respondent. It is submitted, he
has been denied admission, even though the persons ranked
below him in the select list have been admitted. So, he has
preferred Ext.P7 representation before the Vice Chancellor.
Thereafter, this Writ Petition is filed, seeking appropriate
reliefs.
2. The 1st respondent Principal has filed a counter
affidavit. According to him, the petitioner does not have a
conduct certificate, which is one of the pre-requisite for
admission in a college. It is also submitted that the
antecedents of the petitioner, such as indulgence in
criminal activities, malpractices in the examination etc.
would show that he is ineligible for admission in the
college. It is also submitted that as the Head of the
institution, he is entitled to decide whether an applicant
will perform as a good and disciplined student and if the
finding is against the applicant, admission can be denied.
Other contentions are also raised. The petitioner has filed
a reply affidavit also.
3. I do not propose to go into the merits of the
contentions raised by both sides, at this stage. The
University has already called for the comments of the
Principal on Ext.P7 representation. The Principal has filed
Ext.R1(a) objection. Having regard to the facts of the
case, I feel that an impartial decision of the Vice
Chancellor in this dispute will be appropriate in this case.
So, without going into the rival contentions raised, the
Vice Chancellor of the Kerala University is directed to take
a decision on Ext.P7 representation in accordance with law,
within two weeks from the date of production of a copy of
this order. Both sides will be free to file written
arguments before the Vice Chancellor within one week from
today, The Vice Chancellor shall advert to the contentions
of both sides and take an impartial decision in the matter.
Handover the order.
19TH OCTOBER, 2004. K.BALAKRISHNAN NAIR, JUDGE@@
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K.BALAKRISHNAN NAIR, J.@@
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O.P. NO.
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JUDGMENT
, 2003.