2025:KER:28859 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 4663 OF 2025 PETITIONER/PETITIONER: MUHAMMED RISHAD AGED 20 YEARS S/O RIYAS, AL FAJAR (H), KATTAKUNNUMMAL, IRINGAL PO MOORAD, PAYYOLI, KOZHIKODE, PIN - 673521 BY ADVS. M.P.SHAMEEM AHAMED UMMUL FADLA T. K.REEHA KHADER(K/167/2013) RESPONDENTS/RESPONDENT: 1 THE CALICUT UNIVERSITY REPRESENTED BY ITS REGISTRAR, THENHIPALAM, MALAPPURAM DISTRICT, PIN - 673635 2 THE CONTROLLER OF EXAMINATIONS CALICUT UNIVERSITY, THENHIPALAM, MALAPPURAM DISTRICT, PIN - 673635 3 MALABAR HIGHER EDUCATIONAL SOCIETY (MHES) COLLEGE OF SCIENCE AND TECHNOLOGY, VADAKARA, CHERANDATHUR PO, KOZHIKODE 2025:KER:28859 WP(C) NO.4663 of 2025 2 REPRESENTED BY ITS PRINCIPAL, PIN - 673541 BY ADVS. AJMAL V.A FATHIMA V.A.(K/001274/2018) A.C.ARFANA(K/273/2014) SRI. P.C. SASIDHARAN,STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28859 WP(C) NO.4663 of 2025 3 JUDGMENT Dated this the 3rd day of April, 2025 The writ petition has been filed by the petitioner seeking the following reliefs:- “a. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to permit the petitioner to pay the required fees and allow the petitioner to appear for the final semester examination, including the practical examination scheduled from 10.02.2025, without any hindrance or restriction. b. To issue a writ of certiorari or any other appropriate writ, order or direction quashing the suspension or prohibition imposed on the petitioner from appearing for the examination, which has been done without following due process or providing the Petitioner an opportunity to be heard. c. To issue such other orders or directions as may be deemed fit and proper in the circumstances of the case, for the effective enforcement of the petitioner’s rights and for the fair and just treatment of the petitioner in the ongoing academic proceedings.” 2. When this writ petition came up for admission on 05.02.2025, this Court passed an interim order to the following 2025:KER:28859 WP(C) NO.4663 of 2025 4 effect:- “Counsel for the petitioner submits that the petitioner has not been suspended from the College or subjected to any disciplinary proceedings so far. 2. Admit. 3. Standing Counsel takes notice for respondents 1 and 2. Issue urgent notice by Special Messenger to the 3rd respondent. 4. Standing Counsel to get instructions. 5. There will be an interim order directing the 3rd respondent to accept the examination fee in respect of the petitioner and forward the same to the University. The University shall, consequently, accept the fee, provisionally subject to further orders in this writ petition, and permit the petitioner to appear in the practical examination.” 3. Counsel for the petitioner submits that in spite of the interim order, though the petitioner remitted the fee and the College authorities accepted the fee, the amount was not accepted by the University and the petitioner was not permitted to appear in the examinations pursuant to the interim order of this Court. 2025:KER:28859 WP(C) NO.4663 of 2025 5 4. However, counsel for the petitioner submits that as the examinations are over, the petitioner will now take readmission in the same College or in any other College to prosecute his studies. If the petitioner makes an application for re-admission, the respondents shall take such steps to enable the petitioner to pursue studies through readmission. The writ petition is disposed of as above. Sd/- N.NAGARESH JUDGE hmh 2025:KER:28859 WP(C) NO.4663 of 2025 6 APPENDIX OF WP(C) 4663/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE ID CARD ISSUED TO THE PETITIONER FROM THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE PROVISIONAL HALL TICKET ISSUED TO THE PETITIONER FROM THE 1ST RESPONDENT UNIVERSITY Exhibit P3 A TRUE COPY OF THE FIR IN CRIME NO. 717 OF 2024 OF PAYYOLY POLICE STATION DATED 19.11.2024 RESPONDENT EXHIBITS EXHIBIT R1(a) A TRUE COPY OF THE LETTER DATED 31-01- 2025 EXHIBIT R1(b) A TRUE COPY OF THE LETTER SENT BY PRINCIPAL ON 12-02-2025 EXHIBIT R3(a) TRUE COPY OF THE COMPLAINT DATED 16.11.2024 SUBMITTED BY MASHAL MUHAMMED BEFORE THE PRINCIPAL OF THE 3RD RESPONDENT COLLEGE EXHIBIT R3(b) TRUE COPY OF THE ORDER OF SUSPENSION DATED 26.11.2024 ISSUED BY THE PRINCIPAL OF THE 3RD RESPONDENT COLLEGE TO THE PETITIONER EXHIBIT R3(c) TRUE COPY OF THE LETTER DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL OF THE 3RD RESPONDENT COLLEGE ON 31.01.2025 EXHIBIT R3(d) TRUE COPY OF THE ATTENDANCE REPORT FOR 2025:KER:28859 WP(C) NO.4663 of 2025 7 THE PERIOD FROM 18.11.2024 TO 11.02.2025 EXHIBIT R3(e) TRUE COPY OF THE LETTER BEARING NO. MHES/EX/6TH SEM/2025, DATED 12.02.2025 ISSUED BY THE PRINCIPAL OF THE 3RD RESPONDENT COLLEGE TO THE 1ST RESPONDENT