The court upheld interim orders for provisional admission in light of arbitrary treatment by an educational institution affecting a student's rights.

JUDGMENT

Muralee Krishna, J.

Respondents 5 to 7 in W.P.(C)No.8822 of 2026 filed this intra-

court appeal under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the interim order dated 13.03.2026 passed by the learned Single Judge in that writ petition.

2. Going by the averments in the writ petition, the 1^st respondent – writ petitioner is a student of the B.Voc Medical and Psychiatric Social Work (‘MPSW’ in short) programme conducted by the 1^st appellant - 5^th respondent college under the 2^nd respondent - 1^st respondent Mahatma Gandhi University (‘University’ for short). During the course of his studies, he faced various administrative hurdles, including an unlawful direction to produce a psychiatric fitness certificate, which was quashed by this Court in W.P.(C) No.29659 of 2023, with a further direction to re-admit him. Thereafter, due to a serious injury requiring surgery, the 1^st respondent – writ petitioner suffered shortage of attendance in Semester III and was required to repeat the semester. While repeating Semester III and attending Semester IV, the 1^st respondent – writ petitioner’s login credentials were revoked by the college, preventing him from accessing attendance details, academic notifications, and examination registration. As a direct consequence, the 1^st respondent - writ petitioner was unable to register for the IV^th Semester examinations, and his grievance on this issue was rejected by the college. When the 1^st respondent – writ petitioner sought to join the next academic batch to repeat Semester IV, the 1^st appellant refused re-admission on the ground that he was removed from the rolls of the college. Aggrieved, the 1^st respondent – writ petitioner approached the 3^rd respondent Vice Chancellor, with a grievance petition. The University, through Ext.P5 memo dated 25.08.2025, permitted the 1^st respondent – writ petitioner to apply for re-admission. Pursuant thereto, the 1^st respondent – writ petitioner submitted his re-admission application on 29.08.2025. However, the 2^nd appellant deferred the application, vide Ext.P6, citing a review petition filed by the college before the University. Subsequently, the 1^st respondent – writ petitioner was heard by the 4^th respondent Board on 13.10.2025, where all materials, including supporting letters from fellow students, were placed. Meanwhile, Semester IV classes commenced on 04.11.2025, resulting in the 1^st respondent – writ petitioner suffering loss of attendance and further academic delay. Subsequently, the University issued Ext.P10 order dated 09.01.2026, directing the 2^nd appellant to consider the 1^st respondent – writ petitioner’s request for re-admission, weighing his future and the discipline of the college. In blatant disregard to the same, the 2^nd appellant issued Ext.P11 order dated 30.01.2026, rejecting the 1^st respondent – writ petitioner’s request for re-admission on 30.01.2026. The Semester IV exams begin on 17^th March, 2026, with the last date of registration being 7^th March, 2026, as evidenced in Ext.P12 notification. With these pleadings, the 1^st respondent – writ petitioner filed the writ petition under Article 226 of the Constitution of India, seeking the following reliefs;

“i. issue a writ of certiorari or any other appropriate writ or order calling for the records leading to Ext.P11 order issued by the 6^th respondent and to set aside the same;

ii. issue a writ of mandamus or any other appropriate writ or order towards the 2^nd respondent to direct the 5^th and 6^th respondents to re-admit the petitioner expeditiously to the Semester IV of the B.Voc Medical and Psychiatric Social Work (