J U D G M E N T

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