Kerala High Court
3 vs State Of Kerala [2004 (2) Klt 995 on 17 July, 2018
Bench: P.R.Ramachandra Menon, Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 3RD DAY OF AUGUST 2018 / 12TH SRAVANA, 1940
WP(C).No. 24683 of 2018
PETITIONER(S)
1 M.K. RAGHAVAN MEMORIAN SNDP YOGAM ARTS & SCIENCE COLLEGE,
REPRESENTED BY ITS PRINCIPAL, PULPALLY P.O, WAYANAD
DISTRICT, KERALA, PIN: 673 579.
2 PROF. C. VINODKUMAR,
AGED 57, S/O. CHOYI, PRINCIPAL, M.K RAGHAVAN MEMORIAN SNDP
YOGAM ARTS & SCIENCE COLLEGE, PULPALLY P.O, WAYANAD
DISTRICT, KERALA, PIN: 673 579.
BY ADVS.SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENT(S):
1. THE STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
3. DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF DEPUTY SUPERINTENDENT OF POLICE,
MANANTHAVADY - 673 121.
4. CIRCLE INSPECTOR OF POLICE,
OFFICE OF CIRCLE INSPECTOR OF POLICE, KALPETTA - 673 585.
5. SUB INSPECTOR OF POLICE,
POLICE STATION, PULPALLY : 673 579.
6. DHANEESH P.S,
5TH SEMESTER-B.COM WITH CO-OPERATION, SECRETARY, SFI UNIT,
M.K RAGHAVAN MEMORIAL SNDP YOGAM ARTS & SCIENCE
COLLEGE, PULPALLY P.O, WAYANAD DISTRICT, KERALA, PIN : 673
579.
WP(C).No. 24683 of 2018 (I)
:2:
7. HRIDIL SHAJI,
5TH SEMESTER-B.COM WITH COMPUTER APPLICATION,PRESIDENT,
KSU UNIT,M.K RAGHAVAN MEMORIAL SNDP YOGAM ARTS &
SCIENCE COLLEGE, PULPALLY P.O, WAYANAD DISTRICT, KERALA,
PIN : 673 579.
8. PRAVEEN M.S,
3RD SEMESTER-B.COM WITH CO-OPERATION,PRESIDENT, ABVP
UNIT,M.K RAGHAVAN MEMORIAL SNDP YOGAM ARTS & SCIENCE
COLLEGE, PULPALLY P.O, WAYANAD DISTRICT, KERALA, PIN : 673
579.
R1 to R5 BY SENIOR GOVERNMENT PLEADER P. P. THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24683 of 2018 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 THE COPY OF ELECTION CIRCULAR DATED 17.7.2018 OF
UNIVERSITY.
EXHIBIT P2 THE COPY OF REPRESENTION DATED 20.7.2018 BY 2ND
PETITIONER BEFORE 5TH RESPONDENT.
/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON
&
DEVAN RAMACHANDRAN, JJ.
~~~~~~~~~~~~~~~~~~~~~~
W. P. (C) No. 24683 of 2018
~~~~~~~~~~~~~~~~~~~~~
Dated, this the 3rd day of August, 2018
JUDGMENT
Ramachandra Menon , J.
The petitioner has approached this Court with the following prayers :
(I) To issue a writ of mandamus or any other appropriate writ order or direction to respondents 1 to 5 to afford adequate and effective police protection to the lives of 2nd petitioner, teaching/non-teaching staff, students in the college and property of college so as to ensure peaceful conduct of the college from the acts of violence of respondents 6, 7 and 8 and students under the banner of organizations representing them and outsiders owing allegiance to political party to which the students organizations are affiliated with and their supporters within political overtone from entering into college and indulging in students politics by conducting dharna, kharao, sit up, raising slogans, processions, meetings, disrupting tutorial classes, littering the college with posters, banners, causing an affront to carry on education so as to implement the band of politics in letter and spirit;
(II) To issue a writ of mandamus or any other W. P. (C) No. 24683 of 2018 :2: appropriate writ, order or direction to respondents to afford adequate and effective police protection for the conduct of election to the college union for the academic year 2018-2019 pursuant to Ext. P1 by following parliamentary mode of election contemplated under Article 6.2.4 of Lyngdoh committee recommendations from the acts of violence and interference from respondent s6 to 8 their supporters and outsiders lending support to them.
(III) Such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
2. Heard the learned counsel for the petitioner and the learned Government Pleader who entered appearance on behalf of the official respondents. Despite completion of service of notice, private respondents, who have been arrayed as respondents 6 to 8, have not chosen to appear before this Court.
3. The sum and substance of the grievance projected by the petitioner is that the management of the petitioner institution had decided to conduct election in the college following the 'parliamentary mode of election', pursuant to Ext. P1 circular dated 17.07.2018 issued by the University. This is sought to be resisted from the part of the party respondents/various unions who insisted for conducting the W. P. (C) No. 24683 of 2018 :3: election in the 'presidential mode'.
3. The learned counsel for the petitioner submits that the dispute had come up for consideration before this Court and as per the law declared by a Division Bench of this Court in Council of Principals of Colleges Vs. State of Kerala [2004 (2) KLT 995], it was held that college cannot be compelled to have the 'presidential mode' of election. Issue was taken up before the Apex Court, when the Apex Court appointed a committee headed by Sri. J. M. Lyngodh, to submit a report. Based on the said report, the Apex Court passed the verdict which has been reported in (2006) 8 SCC 304 [Universit of Kerala (1) Vs. Council, Principals, Colleges, Kerala and Ors.], the crux of which is to the effect that it is open for the college to conduct election in appropriate manner, whether it be by way of parliamentary mode or by presidential mode. It was accordingly, that the petitioner had decided to conduct the election in 'parliamentary mode', which is sought to be resisted by the party respondents, as they were doing earlier, pursuant to which, the College could not conduct election.
4. The learned Government Pleader submits that the legal position stands declared in favour of the petitioner and as such, the petitioner is free to conduct the election, following either of the above W. P. (C) No. 24683 of 2018 :4: two modes. It is also brought to the notice of this Court by the learned Government Pleader that the issue with regard to whether the students politics could be banned in the college campus is pending consideration before Apex Court.
5. In the above circumstances, we permit the petitioner to conduct the election in the college following the 'parliamentary mode' of election, as they desire and proceed with further steps accordingly. If there is any forceful obstruction from the part of the party respondents or anybody under them, it shall be brought to the notice of the Police, upon which the respondents 4 and 5 shall take all remedial measures so as to maintain the law and order situation in the college.
The Writ Petition is allowed to the said extent.
sd/-
P. R. RAMACHANDRA MENON, JUDGE sd/-
DEVAN RAMACHANDRAN,
JUDGE
kmd /True copy/
P.A. To Judge