#SEEDAC COLLEGE OF ARTS

[seemabhatnagar]

"Boundary Breach: The University's Intrusion into Collegiate Affairs"

University of Calicut v. K P Ameen Rashid & another

Writ Appeal 50/2024

High Court of Kerala at Ernakulam

Heard By Hon’ble Mr Justice  A Muhamed Mustaque J & Hon’ble Madam Justice Mrs Shoba Annamma Eapen J

Order pronounced on 14.02.2024 dismissing the Writ Appeal of the Calicut University. The Bench observed that the role of the University in Private Colleges is limited to the extent of ensuring that University regulations are followed or not. The University cannot assume the role of the Principal and direct the College Principal to act on their direction. There is no merit in this writ appeal. The writ appeal fails, and it is accordingly, dismissed.

 This is a case that began from a complaint by a Research Scholar, C H Amal, in the Department of Physical Education from Calicut University against a student, KP Ameen Rashid, of BA (Economics) from the SEEDAC College of Arts in Palakkad District & affiliated with Calicut University enrolled for the Academic Session 2022-2025

The complainant questioned the election of Rashid as a Senate Member while being a regular student of SEEDAC College & his working as a Project Assistant with Thachanattukara Grama Panchayat.

The University enquired with the Panchayat with regards to the engagement of Ameen. Panchayat confirmed that Ameen was engaged from 9/12/2021 till 12/4/2023 as a Project Assistant.

The Vice-Chancellor heard the complainant C H Amal and student Ameen Rashid. Based on the hearing, the Vice Chancellor on 25.07.2023 directed the Principal of SEEDAC College to remove Ameen Rashid from the rolls as he had not attended class on a single day in the first semester and cancel his admission and report the same to the University.

Abiding by the instructions of the Vice Chancellor the Principal of SEEDAC College cancelled the admission of Ameen on 14.08.2023. 

Ameen Rashid challenged his cancellation of admission through Writ Petition before the High Court of Kerala at Ernakulam and submitted that the University of Calicut granted affiliation to SEEDAC College in Economics quite late and to compensate for the academic loss, the College was directed to provide extra classes as well as online classes. He has attended all the online classes along with other students and his attendance is there on record of the College. And with regards to his working as a Project Assistant, it is on a daily wage basis on Holidays and he is doing work at night. 

The Single Judge of the High Court set aside the order of the Principal of cancellation of Admission of Ameen Rashid & observed that out of the 9 students enrolled for the regular classes, none attended the regular classes why Ameen Rashid is singled out which is legally unsustainable.

Aggrieved by the order of the Single Judge, Calicut University went in Appeal before the High Court.

Observation of the High Court in Writ Appeal

1.      The role of the University providing affiliation to the college is confined only to the supervisory nature, and the authority to determine the factum of absence from classes lies with the Principal of the College.

2.      The Principal has no case that Ameen Rashid did not attend the classes. The Principal cannot surrender his freedom to take action against a student, to the University.

3.      If conducting classes online is not permissible, the University will have to take action against the College and not against the student who attended the classes online. If the College had conducted classes online and allowed the students to attend classes online, we do not understand why the University is showing undue interest in this matter.

4.      The complaint was concerning the first semester and the University itself had allowed Ameen to write the first semester examination. The University subsequently can’t raise any complaint while allowing Ameen to write the first-semester Examination.

5.      The University in a proceeding challenging the selection of the student in an election matter, cannot collaterally decide a question on non-attendance and decide against the student. At best, the University could only have ordered the Principal to provide a report regarding the actual attendance of the student to the University.

6.      The Principal of the College in its counter filed in Writ Petition had certified that Rashid had sufficient attendance and he had attended all the online classes.

7. The University on its own jumped from the student being elected as senate member to the inquiry regarding the attendance of the student. Attendance of the student is a regular day-to-day administrative matter falling within the domain of Principal of the SEEDAC College. It is difficult to understand why the University was taking undue interest in the matter of Ameen Rashid. When none of the 9 students enrolled for BA Economics didn’t attend the regular class and all attended the online class. The University needs to be concerned about the standards of education but not in a way of chasing a wild goose.

Seema Bhatnagar