IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Mohammed K.V. – Appellant
Versus
The Calicut University – Respondent
WP(C) NO. 12506 OF 2022 | WP(C) NO. 15312 OF 2025
| Table of Content |
|---|
| 1. pending criminal proceedings impact examination results. (Para 2 , 3) |
| 2. details on examination and attendance are necessary for result publishing. (Para 4 , 5) |
JUDGMENT
The learned counsel for the petitioners submits that he is not pressing W.P.(C)No.12506 of 2022. Therefore, the writ petition is dismissed as not pressed.
2. Petitioner was a student at M.H.E.S. College, Cherandathur, Vatakara, in 2018-2022 batch. During 2018-2022 period, an incident of ragging was reported leading to disciplinary action against the petitioner and another student from a different batch, resulting in their suspension. Consequently, a crime was registered as Crime No.139/2022 of Payyoli Police Station, which was pending as C.C.No.269/2022 before the Judicial First Class Magistrate Court Payyoli. The petitioner was prevented from appearing for the final year examination and thereupon the petitioner approached this Court filing W.P.(C)No.12506/2022 for attending the final year examination and this Court as per Ext.P1 order permitted the petitioner to provisionally appear for the final year examination. Thereafter Ext.P2 order was issued by this Court directing issuance of hall ticket for the supplementary examination. The petitioner would submit that the petitioner was allowed to write the supplementary examination and he has cleared the supplementary examination conducted on 08.01.2025, but his result was withheld. The petitioner submitted Ext.P4 application before the University for the issuance of the provisional, consolidated, and original certificates, which are required for seeking employment. But, Ext.P5 reply was submitted by the respondent University stating that since the issue is pending consideration before this Court in W.P.(C)No.12506 of 2022, it is only upon a decision by this Court that documents required as per Ext.P4 could be issued to the petitioner. It is in the said circumstance that the petitioner has approached this Court.
3. A detailed counter affidavit has been filed by the respondent University wherein it is stated that since it was found that the petitioner is involved in ragging, the University Level Anti- Ragging Committee at its meeting held on 27.07.2022 considered the matter and the Committee accepted the report of the College Level Anti-Ragging Committee and consequently issued order on 10.10.2022 withholding the result of the petitioner till the disposal of the ragging case pending with the Court. It is further stated that the results can be published only after the ragging case pending against the students is disposed off.
4. When the matter came up for consideration on an earlier occasion, the learned Standing Counsel for the University submitted that the Certificates requested by the petitioners could be issued only on the University being satisfied that the petitioners have sufficient attendance and further, they have completed all the practical examinations, etc., and other relevant aspects which can be provided only by the 4th respondent, the Principal of the educational institution. The 4th respondent – Principal has filed a counter affidavit stating that the petitioner has 79% attendance as evident from Ext.R4(a) and further stated that the details of the practical examinations were already intimated to the University by the external examiner and that the petitioner has also submitted a project report along with other four students.
5. The only reason stated in the counter affidavit filed by the respondent University is the pendency of the ragging case against the petitioner and only on disposal of the ragging case against the petitioner, that the results can be published. The learned counsel appearing for the petitioner would submit that challenging the criminal proceedings initiated against the petitioner, which is pending as CC No.269/2022 before the Judicial First Class Magistrate, Payyoli, the petitioner has approached this Court filing Crl.MC No.6777 of 2025 and the petitioner and the
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