IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
VIDHU S. UDAYA – Appellant
Versus
THE PRINCIPAL UNIVERSITY COLLEGE, PALAYAM – Respondent
WP(C) NO. 35228 OF 2025
| Table of Content |
|---|
| 1. admission denial based on criminal charges (Para 1 , 2 , 3 , 4 , 5) |
| 2. court hears arguments presented by both sides (Para 6) |
| 3. interim prohibition and its implications on natural justice (Para 7 , 8 , 9 , 10) |
JUDGMENT Dated this the 24th day of September, 2025 The petitioner is a young student and a promising sportsman, having represented the State of Kerala in the 32nd Senior National (Men and Women) Wushu Championship- 2023 held at Pune, Maharashtra during the year 2023. He has obtained a Certificate of Merit / Participation issued by the Wushu Association of India, which is recognised by the Ministry of Youth Affairs and Sports, Government of India.
2. The petitioner contends that during the previous Academic Year, a criminal case was registered against him and four other students, alleging that they attacked a physically challenged student. The petitioner would submit that he was wrongly implicated in the crime. The 1st respondent issued Ext.P2 order dated 02.07.2025, whereby the petitioner along with the other students were prohibited from entering the College for obtaining admission, citing a decision of the College Council dated 17.06.2025.
3. The petitioner states that the petitioner was not heard before passing Ext.P2 order. Ext.P2 has been passed without following the principles of natural justice, contends the petitioner.
4. The petitioner has now applied for admission to the course BSc Maths in the 1st respondent’s College. As per Ext.P2, admission will be denied to him. The petitioner being an accomplished sportsman and a meritorious student, has a legitimate expectation to pursue his education in the allotted course, contends the petitioner.
5. Standing Counsel entered appearance on behalf of the 2nd respondent and resisted the writ petition. The 2nd respondent submitted that the University has received requests from Principals of various Colleges pointing out that students who were arrayed as accused in criminal cases get allotment in their Colleges through centralized allotment process and sought guidance from the University. The Admission Monitoring Committee considered the matter and ordered to issue a Circular to all Principals directing them to get a declaration from all the admitted students that they have not been debarred from Colleges previously, charged with criminal cases or punished for criminal cases or atrocities against women or punished for examination manipulation. Following Annexure R2(a) Circular another Annexure R2(b) Circular dated 16.09.2025 has been issued requiring the Heads of the Departments of Affiliated Colleges to obtain a declaration from the admitted students.
6. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1st respondent and the learned Standing Counsel appearing for the 2nd respondent.
7. The petitioner was a student of the 1st respondent’s College. On the basis of an allegation that a physically challenged student has been manhandled, disciplinary proceedings were initiated against the petitioner and three others. The petitioner was imposed with suspension pending enquiry. The enquiry is pending now.
8. It is in the meanwhile that the petitioner was allotted to the 1st respondent’s College for admission to BSc Maths. The 1st respondent has not permitted the petitioner to join. By Ext.P2 proceedings dated 02.07.2025, the Principal had informed that the petitioner and other students, who are proceeded against, are prohibited from getting fresh admission to other courses in the same College. The petitioner was, however, permitted to complete the examinations by coming to the College.
9. Ext.P2 would indicate that the same has been passed pending disciplinary proceedings. As Ext.P2 is of an interim nature, the petitioner cannot urge that it should be set aside for violation of the principles of natural justice. The petitioner will be getting opportunity to place his case if the proceedings are pending.
10. The 1st r
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