MOOT COURT EXERCISE

PROBLEM I

1. Sethu, is a 20 year old student who is studying in Regional College of Engineering

Kerala. The regional college was famous for its academics, cultural activities, campus
placements etc. The college has given so many excellent students in various fields of
work in the society. It has been considered as the route for creating great politicians
also. And among the students say tho has become one of the popular figures who had
known his excellence in both academic as well as other cultural cum social activities.
Sethu was one of the important faces who appeared first for the protection and well
being of students in any problems that they have been facing inside and outside the
college.
2. On 25th September 2023, there was a protest led by Sethu and his classmate in the
college with regard to the matter of unreasonable increase in the mess fees for the
hostel students. The college management raised the Mess fees without giving prior
notice to the students. They neither informed the students about the increase nor had a
discussion with them about the matter. As a result of this many of the students were
unable to pay and the authority refused to give them the food. Sethu and his
classmates were the people who brought this matter into the limelight.
3. But the college authority informed them that they had a discussion with the students
about the must piece and due to the high time it was very reasonable to increase the
fees. They also add that they are providing quality foods to the students. But the
protest spread like a wildfire which affected the repetition of the college. As a result
of this there was a drastic decrease in the number of new admissions in the college in
the upcoming academic year.
4. On 12th October 2023, Sethu was arrested for sleeping and selling narcotic substances
and drugs within the campus. The arrest occurred during class hours and he was
forcefully taken from the class and he was taken from there with handcuffs while the
entire college was witnessing the same. When the student started to protest the police
officers said that they got evidence of the narcotics substance which he was selling
from his bag which he was carrying.
5. The FIR was registered on that day against Sethu and he was taken into custody.
Hearing this, the father Govindan went to the police station to inquire about his son's
arrest. When he reached the police station the police officer didn't show him his son.
They neither give any information nor a chance to Govindan for meeting Sethu.

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Govindan tried to meet his son but for more than 5 days nothing happened. On the
sixth day a civil police officer told Govindan that his son Sethu escaped from police
custody while he was taken to produce him before the Magistrate. From that day of
arrest onwards the police officers were trying to find Sethu but no information was
known about him. The police officer also informed that he tried to kill a police officer
while escaping from custody which resulted in serious wounds to the officer.
6. Even after the repeated request from the part of Govindan the police officers neither
showed him his son nor passed any information about him. They said that Sethu has
escaped into Sri Lanka through a fake passport. Hearing this Govindan suspected that
something wrong was happened to his son. And he was arrested on a fake case which
was fabricated by the police officers who were influenced by the college authority.
Hence Govindan writ petition for his son in the High Court High court

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PROBLEM II
1. Manu, is a third year LLB student in St. Peter's College of Legal Studies, Kottayam.
He is one of the brilliant students of the college who had scored rank in every exam.
And he has been considered to be the best student of the college. Manu belonged to
the Scheduled Tribe who was studying there with reservation and E grants. The entire
fees amount was credited to his personal account and he returned it to the college's
bank account.
2. In the last semester of the third year, that is in 6th semester, the college authorities
published the list of students who are promoted to the final semester. The list also
included the name of students who are detained due to the lack of attendance. And it
was found that Manu has been detained due to lack of attendance. And he would get a
chance to study further only after 1 year.
3. Seeing this list Manu contacted the College Authorities about his detention. And he
argued that the detention was unreasonable as there was no such a huge variation of
attendance for him. He also added that he was absent from the college while he was in
treatment for his broken leg. He stated that he has undergone surgery due to multiple
fractures in his right leg while he was working on a construction site. And he also
added that the College Authorities are aware about the fact that due to his financial
problems he was working part time on a construction site.
4. But the College Authorities stated that they didn't receive any official information
regarding the surgery or his medical condition from Manu. And they also added that
Manu was not paying his fees to the college which was already credited to his
personal account as part of E grants. The college authorities stated that even after
repeated demands, both oral and written, from the part of college Manu refused to
give any confirmation about the same. He neither reply nor paid the fees.
5. Manu addressed his grievances to College Grievances Cell with medical certificates
and bank transactions which states that he didn't receive any money as part of E grants
in the third year. But the Committee also gave a report that the lack of attendance and
medical certificate is not enough to promote him to the next semester. And due to this
he approached the University for a relief but they also rejected him without any
consideration.
6. Due to all the problems he has been facing he approached the High court of Kerala for
giving him an opportunity to study through a writ petition. He alleged that his right to

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education has been intentionally curtailed by the College Authority and University as
he belongs to the socially backward class of the society.

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PROBLEM III
1. Maya was a postgraduate in Constitutional Law. She completed her post-graduation
from National Law University, Kozhikode on 2023, March. From 2023 June onwards
she started teaching at Patrich College of Legal Studies. She was assigned with Penal
Laws to teach for LLB and LLM students. And when the offer letter was issued she
was informed that she is on probation and she can be terminated if there is any
misconduct on her part.
2. During that semester, she started to skip classes and took leave frequently. And she
first informed the Authorities that she had severe health issues like asthma which
increases during cold climates. And due to the monsoon there was heavy rain in the
area which has caused many health issues to many people. Maya also stated that she
was suffering from asthma for several days.
3. And this frequent leave from the side of Maya caused several problems in the smooth
running of college hours. So the college authorities send a show cause notice to get to
give an explanation about her frequent absence. The notice was given with a time
period of 7 days. And Maya gave the reply after 14 days. But the reply given by Maya
was not considered as satisfactory to the college authority. So she was terminated with
effect from that day onwards pointing out the reason that she was taking unnecessary
absence from her duty. Being provoked by this termination she made unwanted gossip
that defamed the college among other colleges.
4. After several months she joined another institution for teaching in the post of guest
lecturer. It was the National University of legal Studies under the control of the
government. She was appointed after the interview and her resume was submitted
there. She informs the authorities that she is the daughter of a famous politician of that
area. And they appointed her for the post. She was appointed by rejecting another
teacher who has all the eligible qualifications for being an assistant professor. And
during an inspection it was found that Maya was appointed as a fresher but she
already has 6 months experience in another college. And she didn't submit the
conduct certificate for the same.
5. Seeing this Vimala, the teacher who was rejected from the post of guest lecturer
where Maya has been appointed, filed a writ petition along with the teachers Union
against the college authority in the High Court of Kerala to certify the appointment of
Maya.

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PROBLEM IV
1. Vinod and Neha have been in love for more than 4 years. Both of them long to Hindu
religion. And after 4 years of relationship they got married in 2023, February. They
had a court marriage with the presence of their friends. Their marriage was registered
in kayamkulam register office in February 2023. From then onwards both of them
were living as husband and wife under the same roof.
2. Vinod was working as an Assistant Manager in a nationalized bank. At the same time
Neha was a homemaker. They had a happy life with a calm and peaceful atmosphere.
But as usual there were quarrels and fights between both of them. Meanwhile Vinod
was shifted to Madhya Pradesh due to transfer.
3. And Vinod met Ayesha in Madhya Pradesh and they became colleagues there.
Relationship gradually became stronger and Vinod fell in love with Ayesha. One day
Vinod returned to his home and told Neha that he is no longer interested in a
relationship with Neha. And he also said that it is better to move apart from each other
as that is the proper method of having a peaceful life. But Neha was not ready for that
decision because she was pregnant and deeply in love with Vinod. Moreover she told
Vinod that she left her and a family to live with Vinod as a result of this she has no
place to go if Vinod leaves her.
4. But Vinod did not listen to her and he brought Ayesha to Kayamkulam. And she
informs Neha that he is no longer interested in this relationship with Neha and he is
going to marry Ayesha.
5. On 2024 May, Vinod and Ayesha got married in the Sub Registrar office, Trivandrum.
The marriage was done in the presence of the friends of Ayesha who were working in
that particular office. Neha objected to this marriage stating that she is the legally
married wife of Vinod under the Hindu Marriage Act. But the marriage between
Vinod and Ayesha was registered. After marriage Vinod and Ayesha left Kerala and
went to Madhya Pradesh. From there after there was no contact between Vinod and
his wife Neha.
6. Neha filed a police complaint against Vinod but there was no progress from them.
They also stated that the marriage between us knows that Ayesha is valid because it is
registered without any objection. And there is no proof to show that Neha has been
married to Vinod because the name in the marriage certificate is written as Sneha
instead of Neha.

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7. Hence Neha filed a red petition in the high court of Kerala stating to invalid the
marriage as the Sub Register office has violated its power as a government office by
registering the marriage of Vinod and Ayesha.

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PROBLEM V
1. Ravi is working as the Deputy Tahsildar in Taluk Office, Kollam. He was assigned
with the duties of land. And Rajeev, another Deputy Tahsildar, is also working there
who has been assigned with the duties of revenue. Ravi and Rajiv are cousin brothers
who belong to the same family.
2. In 2024 Manju was appointed as a junior clerk under the section of revenue. And
Manju was the daughter of Rajiv who was the head of that particular section. From
there onwards Manju started to control all the matters that were happening in that
section.
3. Narayanan who was a senior clerk in the revenue department under Rajiv fell down
from the ladder during the construction of his house. And he applied for sick leave of
6 days addressing Rajiv who is the head of the revenue department in the taluk office.
While Narayanan was applying for a leave, Rajiv was not in the office. And Rajiv was
attending the meeting of deputy tahsildar in Trivandrum.
4. Without informing about the leave application to Rajiv Manju who is a junior clerk as
well as the daughter of Rajiv rejected the leave application and stated that there is a
lot of work in the office and Narayanan is not supposed to take leave at this time.
5. While asking about the rejection by Manju she told that her father Rajiv is the head of
the department and she was delegated with the powers of Rajiv in his absence. But
Narayanan told her that there is no such provision in the laws of the office where a
junior clerk will be delegated with the powers of a deputy tahsildar. And he filed his
grievance about this unreasonable rejection of leave and delegation of power by Rajiv
to the higher official. But Raji with his influence suppressed all those grievances even
though there was a sign of Manju in the leave application letter.
6. Hence Narayanan filed a writ petition against the officials to prove on what authority
the leave was rejected by Manju who doesn't have the rule to do it .