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2024 Supreme(Ker) 1524
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Muhamed Mustaque, Shoba Annamma Eapen, JJ.
University Of Calicut, Represented By Its Registrar – Petitioner
Versus
Ameen Rashid K.P. And Ors. – Respondents
WA NO. 50 OF 2024
Decided On : 14-02-2024
Advocate Appeared:
For the Petitioner: P.C. Sasidharan
For the Respondent: P E Sajal, K Manoj Chandran. P.E.Sajal, P.Ravindran
IMPORTANT POINT
The University cannot dictate attendance matters which fall under the College's jurisdiction, as it exceeds its supervisory role.
Headnote:
(A) Calicut University CBCS Regulation - Authority of University and College - The University overstepped its supervisory role by directing the Principal to cancel admission based on attendance issues, which fall under the College's domain. The Principal certified attendance, indicating no grounds for cancellation. (Paras 5, 6, 7)
(B) Writ Jurisdiction - The court found that the University acted beyond its authority in addressing attendance matters, which should be managed by the College. The court emphasized that students attending online classes should not be penalized for the College's actions. (Paras 5, 6, 7)
Facts of the case:
The case involved Ameen Rashid K.P., a student whose election to the Senate was challenged due to alleged non-attendance. The Principal certified his attendance in online classes, contradicting the University's claims.
Findings of Court:
The University cannot direct the College Principal to act against a student without valid grounds. The cancellation of admission was deemed legally unsustainable.
Issues: The main issues were the authority of the University versus the College in attendance matters and the validity of the cancellation of admission based on attendance.
Ratio Decidendi: The court ruled that the University exceeded its authority by intervening in attendance matters, which are the responsibility of the College, and upheld the Principal's certification of attendance.
Result: The writ appeal is dismissed.
JUDGMENT :
A.Muhamed Mustaque, J.
This writ appeal was filed by the Calicut University. SEEDAC College of Arts and Science in Palakkad District is affiliated with the Calicut University. Shri Ameen Rashid K.P. is a B.A. (Economic) student enrolled during the academic year 2022-25. Ameen Rashid K.P. was elected in Senate election 2023 from the constituency of General Council of the University Union. One Shri Amal C.H., Research Scholar in Department of Physical Education, University of Calicut raised a complaint against Ameen Rashid K.P. stating that, in the affidavit filed by him for nomination, he mentioned that he is a regular student of SEEDAC College, but he was actually working as a Project Assistant with Thachanattukara Grama Panchayat. He pointed out that Grama Panchayat appointed him as per its decision dated 6/12/2021 and his period was extended till 31/3/2022. Pointing out that he was not a regular student, his election as a Senate member was questioned by Amal. This complaint was raised on 20/6/2023. The University enquired with the Panchayat as to the engagement of Ameen Rashid K.P. Panchayat gave a reply on 10/7/2023 stating that he was engaged from 9/12/2021 till 12/4/2023 as a Project Assistant. Thereafter, the Registrar, who was the Returning Officer scheduled a hearing on the complaint and, the Vice Chancellor heard the complainant and Ameen Rashid K.P. Based on the hearing, the Vice Chancellor ordered that Ameen Rashid K.P. shall be removed from the rolls as he had not attended class on a single day in the first semester and directed the Principal to cancel the admission given to Ameen Rashid K.P. and report the same to the University. This order was passed on 25/7/2023. Based on the above direction, the Principal of SEEDAC College ordered cancellation of admission to Ameen Rashid K.P.as per its order dated 14/8/2023.
2. Ameen Rashid K.P. states that the College was granted affiliation by the University only on 17/11/2022 and in the provisional affiliation granted it is stipulated that classes shall commence on the 7th working day after the Press release. It was further directed therein that the College should conduct extra classes during holidays and mid-summer vacation to compensate for academic days’ loss. This was for the reason that affiliation was granted belatedly by the University after the commencement of the academic year. Therefore, according to him, College arranged online classes and he attended the classes online. He points out to Ext.P11 produced along with the writ petition issued by the Principal of the College certifying as follows:
Ref: (1) U.O.No.21876/2022/Admn CU. Dated 17/11/2022
TO WHOM IT MAY CONCERN
This is to certify that AMEENRASHID K P, was a student of this institution for BA ECONOMICS Degree Program from 03/12/2022 to 08/08/2023 (Admission No.183/2022 with Date 03/12/2022).
As per reference cited above (1), starting of classes in the First Semester was 08/12/2022
Normally, 90 working days are there in a Semester. But as BA Economics Degree Course was affiliated only as per reference cited (1) and as per clause iv., extra classes has been given to complete the lessons in stipulated time frame.
Hence, online classes were also given over and above regular classes to BA Economics Degree Students during First Semester from 08/12/2023 to 28/02/2023 to complete the first semester classes.
Ameenrashid KP attended actively on all online classes from 08/12/2022 to 28/02/2023.
Attendance has been given to all the students who have attended the online classes and this has been informed to University.
22/8/2023
Sd/-
PRINCIPAL SEEDAC COLLEGE OF ARTS & SCHIENCE
KOTTAPPURAM (PO), SREEKRISHNAPURAM
PALAKKAD (DIST), KERALA - 679513
3. Ameen Rashid K.P. has a case that he worked as Project Assistant on daily wage basis and he used to work on holidays and at night and, therefore, he attended online classes offered by the College along with other students.
4. Challenging order of the Principal, Ameen Rashid K.P. appr
