SHEBIN JOSEPH Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Basically against the suspension of the petitioners and other students, a complaint is preferred before the Board for Adjudication of Students Grievances, constituted as per the provisions of Chapter 27 of Mahatma Gandhi University Statutes, 1997. However, petitioners have a case that the examinations are scheduled on and with effect from 25.10.2019, which persuaded the petitioners to approach this Court to explore the possibility of securing an order from this Court to participate in the University examinations, pending disposal of the writ petition or pending adjudication by the Board in accordance with the provisions of the Statutes, 1997. However, I directed the petitioner to take out notice to the Principal of the College by messenger and the Principal of the college appeared through the Counsel before this Court and submitted that the contention put for the by the petitioners that, they were not served with notice prior to suspension is not correct and they were issued with notice on 17.9.2019. It is true, learned Counsel for the petitioners submitted that they have not received any notice. Any how, when it is disputed by the learned Counsel for the petitioners, it becomes a factual circumstances to be adjudicated by a fact finding body.

(3.) In that view of the matter, I do not think, petitioners are entitled to get any orders permitting them to participate in the examination, especially, when this Court is not informed as to whether petitioners are having sufficient attendance in accordance with the provisions of the statutes/ordinance. At that point of time, learned Counsel for the petitioner submitted that, it would suffice if a direction is issued to the Board of Adjudication to consider Ext.P4 in accordance with law, and attain finality, and at the earliest possible time.