A detained student is entitled to re-admission to the LLB course without re-taking the entrance exam as per applicable regulations.

JUDGMENT

Petitioner seeks for the following reliefs;

i. “Issue a writ of mandamus or any other writ, order or direction (sic) respondents to permit the petitioner to continue his LLB Studies by repeating the first year of the 3 year LLB Course for the academic year 2025-2026, without insisting on re- writing the Kerala Law Entrance Examination or undergoing the admission process afresh.

ii. Declare that the petitioner is eligible to repeat the first-year LLB course and attend classes and complete all academic requirements in accordance with the Regulations.”

2. Petitioner applied for admission to the 3 year LLB Course for the academic year 2024-2025 and appeared in the entrance examination. At that time he was undergoing custody, in connection with a crime under the Unlawful Activities (Prevention) Act , 1967. After the petitioner secured rank No.532 in the entrance examination, he was admitted to first respondent college. However, petitioner was unable to attend the classes as he was detained in prison.

3. While so, petitioner was released on bail on 30.05.2025 and when he approached the college to attend the classes, they refused to permit him. By Exhibit-P6, the petitioner was informed that his attendance percentage was zero, and was therefore detained from the college due to shortage of attendance. Petitioner was informed that he had to take re-admission by writing the examination again. Hence, he has approached this Court seeking the reliefs mentioned earlier.

4. A counter affidavit has been filed by the first respondent pointing out that the first semester of 2025-26 commenced on 25.08.2025 and concluded on 16.12.2025. It was stated that since the examination for the said semester was scheduled to commence on 19.01.2026, petitioner cannot secure admission for the academic year 2025-2026. It is further stated that petitioner can commence his studies in the college only if he secures re-admission as required under Exhibit R1(a).

5. A statement has been filed on behalf of the third respondent University, stating that re-admission to the first semester is generally not feasible, as it is granted only to those students who had registered. It is further stated that the petitioner had not registered, and therefore, as per Clause 23 of the three year LLB Regulations 2018, only those students who had dropped out/been detained/obtained a transfer certificate or discontinued from any semester of three year unitary LLB course alone will be eligible for re-admission. It is also stated that re-admission to the first semester is not possible and it is possible only from the second semester onwards.

6. I have heard Sri. Brijesh Mohan, the learned counsel for the petitioner, Sri. Surin George Ipe, the learned Standing Counsel for the third respondent as well as Sri. Dheeraj A. S., the learned Government Pleader.

7. Petitioner was detained under the UAP Act until he was released on bail on 30.05.2025. While undergoing detention, petitioner obtained permission to write the 3 year unitary LLB entrance examination, obtained admission and was allotted to the first respondent college. However, due to the continued incarceration, petitioner could not attend any of the classes for the previous academic year. As per the proviso to Clause 23 of the Regulation, 2018 mentioned above, petitioner is eligible for re-admission, as he had been under detention. Therefore, the University as well as the college is bound to re-admit him into the course, from the first semester onwards, so as to enable him to pursue the LLB course.

8. The requirement of re-admission does not mean that the petitioner must write the entrance examination once again, as he had already cleared the said examination and was even admitted to the college. The re-admission is only f