LAWS(KER)-2017-4-116

KARTHIK B Vs. ABDUL KALAM TECHNOLOGICAL

Decided On April 20, 2017
Karthik B Appellant
V/S
Abdul Kalam Technological Respondents

JUDGEMENT

(1.) Captioned writ petitions are materially connected in respect of an issue, to continue and complete the B.Tech Course under the M.G.University and the Calicut University respectively and the respondents are bound to make arrangements as per the curriculum of the M.G. University as well as the Calicut University. Therefore, I heard them together and propose to pass a common judgment.

(2.) Petitioners in the first three captioned writ petitions are students of SCMS College of Engineering and Technology, Karukutty, Ernakulam District. Petitioners in W.P.(C) No.33885/2017 are students of Government Engineering College, Painavu, Idukki District. Petitioners in W.P.(C) No.28677/2017 are students of Malabar College of Engineering, Cheruthuruty, Thrissur District under the University of Calicut. Since the subject matter of the issue raised in the writ petitions are common in nature and the issue is covered by a Division Bench of this court, I will briefly state the facts in W.P.(C) No.32021/2017. The decision of which will decide the fate of the other writ petitions also.

(3.) Petitioners are students of B.Tech (Electronics and Communications) in SCMS College of Engineering, Karukutty, Ernakulam.They were admitted to the said course in the year 2015-2016. They were not allowed to write the 6th semester examination and they were denied promotion to the 7th semester alleging that, they do not have the required percentage of attendance. As per the M.G. University curriculum, when there is attendance shortage, the students will have to repeat the semester. However, due to the transition of affiliation of college from M.G. University to APJ Abdul Kalam Technological University, at present only final year classes are conducted by the M.G. University. As a result petitioners are not allowed to continue their course as per the M.G. University curriculum, which according to the petitioners, are unjust, illegal and arbitrary. It is also contended that, as per sections 60 and 72 of the APJ Abdul Kalam Technological University Act, 2015, respondents are bound to make arrangements facilitating the petitioners to complete their course as per the M.G. University curriculum. The difference of facts in other writ petitions is in respect of the semesters to be undergone by the petitioners. The issue is covered by a Division Bench judgment of this court in Nanditha.T.K. v. APJ Abdul Kalam Technological University and others reported in 2017(4) KHC 539 = 2017(3) KLT 1089 and held in paragraphs 12 to 17 as follows: