Petitioner is doing second year B.Com course in the fifth respondent college. On 29.9.2014, he was placed under suspension from the College for a period of two weeks. According to the college, on the date of suspension itself, an enquiry has been conducted and the petitioner was dismissed from the college as per Ext.R4-H order.
2. It is submitted on behalf of the college that Ext.R4-H order was though sent by Registered Post to the petitioner, he refused to accept the same. According to the petitioner, he was not served with Ext.R4-H dismissal order. It is not disputed that the petitioner preferred Ext.P4 appeal before the Grievances Committee of the University concerning the proceedings initiated against him by the college and the same is pending.
3. In the meanwhile, it is submitted that the petitioner has applied for the 3rd Semester examination of the course scheduled from 30.10.2014. In view of the suspension and consequent dismissal, the petitioner was not permitted to write 3 out of 6 papers of the 3rd Semester examination. The
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petitioner submits that he has applied to the University for the examinations, after remitting the requisite fee in time and it is on account of the suspension from the College, he could not write the examinations till now.
4. The learned Standing Counsel for the University wanted time to ascertain whether the petitioner has applied for examinations, after remitting the requisite fee. In so far as a final decision concerning the disciplinary proceedings initiated against the petitioner binding the college is yet to be taken by the University, I am of the view that this writ petition can be disposed of with the following directions :
1. If the petitioner had applied to the University for the examinations in time, after remitting the requisite fee, he shall be issued the Hall Ticket for the remaining examinations by the respondents concerned and he shall be permitted to write the said examinations provisionally, subject to the final decision of the University in Ext.P4 appeal.
2. The right of the petitioner to continue his studies in the fifth respondent College will also be subject to the final decision taken by
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the University in Ext.P4 appeal.
3. The petitioner shall pay the fees, if any, due to the fifth respondent college before appearing for the examinations, for which he is permitted as per this judgment.
4. Ext.P4 appeal preferred by the petitioner before the University shall be decided by the appropriate authority of the University, within a period of six weeks from today.
lsn P.B.SURESH KUMAR, Judge