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2022 Supreme(Online)(KER) 14698
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 WP(C) NO. 39720 OF 2022 PETITIONERS:
1 R.JITHIN RAJ AGED 20 YEARS, S/O S.RAJU, REVATHY, THANNIMUDU, CHERINNIYOOR PO, VARKALA, THIRUVANANTHAPURAM - 695142.
2 S.MADHAV, AGED 20 YEARS, S/O SURESH K, SINDHOORAM, CHERUKUNNAM, VARKALA, THIRUVANATHAPURAM - 695241.
BY ADVS.
P.V.JAYACHANDRAN VENUGOPALAN MENON RESPONDENTS:
1 BOARD OF ADJUDICATION OF STUDENT GRIEVANCE OF KERALA UNIVERSITY, SENATE HOUSE CAMPUS, P ALAYAM, THIRUVANANTHAPURAM, KERALA - 695034.
REPRESENTED BY ITS VICE CHANCELLOR
2 THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY, PALAYAM, THIRUVANANTHAPURAM, KERALA - 695034.
3 THE PRINCIPAL, SREE NARAYANA COLLEGE, SIVAGIRI, VARKALA, THIRUVANANTHAPURAM - 695142.
4 THE MANAGER, SREE NARAYANA TRUST, OFFICE OF THE SN TRUST, KOLLAM - 691001.
BY ADVS.
THOMAS ABRAHAM - SC A.N.RAJAN BABU P.GOPALAKRISHNAN (MVA)
A.R.EASWAR LAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
When this matter was heard on 08.12.2022, an interim order was issued as under:
“Sri.Rajan Babu - learned counsel for respondents 3 and 4 and Sri.Thomas Abraham - learned counsel for respondents 1 and 2, will obtain instructions.
In the meanwhile, the 3rd respondent will allow the petitioners to write the examination scheduled from 12.12.2022; on the strict condition that they will not remain in the campus or enter the same except for such purpose.
Needless to say, this will be treated to be provisional and the results should not be declared without further orders from this Court.”
2. Today, it is conceded by Sri.Thomas Abraham, learned Standing Counsel for the University, that the afore order has been complied with; and he also acceded that the results of the petitioners can be published, subject to the decision of the Syndicate taken on 08.12.2022, produced as Annexure R1(a).
3. It is thus clear that the sole prayer of the petitioner in this case is already been acceded; and that all which remains is for the Syndicate of the University to take forward action in terms of their decisions in Annexure R1(a).
Resultantly, I order this writ petition, confirming the interim order extracted above; consequentially directing the University to declare the results of the petitioners in terms of law.
I also leave liberty to the College and the Syndicate of the University to take appropriate action in terms of Annexure R1(a), subject to the remedies of the petitioner.
Sd/-
DEVAN RAMACHANDRAN JUDGE anm APPENDIX OF WP(C) 39720/2022 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF MEMO NO.PL/3268/2022 DATED
11.10.2022 ISSUED BYTHE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE EMAIL COMPLAINT DATED
14.10.2022 OF THE 1ST PETITIONER BEFORE THE VICE CHANCELLOR OF 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF EMAIL COMPLAINT DATED
14.10.2022 OF THE 2ND PETITIONER BEFORE THE VICE CHANCELLOR OF 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE REQUEST OF THE 1ST PETITIONER DATED 14.10.2022 BEFORE THE
2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE REQUEST OF THE 1ST PETITIONER DATED 14.10.2022 BEFORE THE
2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.33116 OF 2022 DATED 26.10.2022.
Exhibit P7 TRUE COPY OF THE PETITIONER'S REQUEST DATED 29.11.2022 BEFORE THE 2ND RESPONDENT.
RESPONDENTS' ANNEXURES ANNEXURE R1(a) THE TRUE COPY OF THE MINUTES OF THE SYNDICATE HELD ON 8.12.2022.
