2025 Supreme(Online)(Ker) 24577
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ARUL SURYA S – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 39379/2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946 WP(C) NO. 39379 OF 2024 PETITIONER:
ARUL SURYA S., AGED 22 YEARS, S/O SANU T.S, RESIDING AT GOKULAM HOUSE, PRIYA LANE, PRIYADARSHINI ROAD, ALUVA, ERNAKULAM DISTRICT, PIN – 683101.
BY ADVS.
R.SURAJ KUMAR SUNIL J.CHAKKALACKAL N.G.SINDHU SUNITHA G.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR UNIVERSITY OFFICE, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT, PIN - 686560
3 BHARATA MATA SCHOOL OF LEGAL STUDIES, REPRESENTED BY ITS PRINCIPAL, BHARATH MATA SCHOOL OF LEGAL STUDIES, PERUMBAVOOR ROAD, CHOONDY, ALUVA, ERNAKULAM DISTRICT, PIN - 683112
4 THE PRINCIPAL, BHARATA MATA SCHOOL OF LEGAL STUDIES, PERUMBAVOOR ROAD, CHOONDY, ALUVA, ERNAKULAM DISTRICT, PIN - 683112 *ADDL.5 SREE NARAYANA LAW COLLEGE, POOTHOTTA, REPRESENTED BY ITS PRINCIPAL, POOTHOTTA P.O, ERNAKULAM DISTRICT, PIN-682307 *[ADDL R5 IS IMPLEADED AS PER ORDER DATED
10-01-2025 IN IA 1/2025 IN WP(C) 39379/2024]
BY ADVS.
K.T.LILLY @ LILLY JAMES A.PARVATHI MENON P.SANJAY(K/000381/1992)
BIJU MEENATTOOR(K/620/1992)
P.K.MURALYKRISHNAN(K/484/1992)
PAUL VARGHESE (PALLATH)(K/000171/2017)
KIRAN NARAYANAN(K/000131/2018)
RAHUL RAJ P.(K/547/2020)
MUHAMMED BILAL.V.A(K/1033/2023)
MEERA R. MENON(K/002575/2023)
ANIMA M., GOVERNMENT PLEADER SURINE GEORGE IPE, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 29th day of January, 2025 The petitioner states that he is a 8th semester student of five year BA LLB Course of the 3rd respondent-College. The petitioner was suspended on allegations of misconduct as per Ext.P3 order dated 17.10.2024. The petitioner sought issuance of Transfer Certificate in order to join some other College.
Transfer Certificate was issued on 18.10.2024.
2. Thereafter, the petitioner filed this writ petition seeking to quash Ext.P3 order of suspension and to direct respondents 1 to 4 to permit the petitioner to complete his remaining activities of 8th semester of BA LLB degree in the 3rd respondent-College under the supervision of an official from the
1st respondent or the police.
3. When this writ petition came up for admission, this Court passed an interim order dated 14.11.2024 on the basis of which the petitioner was permitted to attend all examinations of the 8th semester except the examination on the subject Professional Ethics.
4. The petitioner submits that he has made an application to the 5th respondent-College and the 5th respondent- College has, in principle, agreed to admit the petitioner in the 9th semester of LLB Course. However, in order to successfully complete the LLB course, the petitioner requires to (1) submit assignments on the subject “Political Science” (2) Submission of Dissertation on the subject “Professional Ethics” (3) appearing in Professional Ethics written examination and Viva also. Apart from that, the petitioner has to present papers on Political Science, International Human Rights, Taxation and Insurance Law online to the College. As the afore said activities relates to the academic studies which the petitioner underwent in the 3rd respondent-College, the 3rd respondent-College will have to assess the assignments, dissertation etc.
5. As the 5th respondent has in principle agreed to admit the petitioner to the 9th Semester of LLB Course, taking into consideration the academic career of the petitioner, I am of the view that the writ petition can be disposed of with the following directions and it is ordered as follows: (i) If the petitioner submits assignments on the subject Political Science and Dissertation in the subject Professional Ethics to the 3rd respondent-College, the 3rd respondent-College would assess the same as per