Kerala High Court
The Principal St. Marys Higher ... vs Rural Superintendent Of Police on 13 July, 2016
Author: A.Hariprasad
Bench: K.T.Sankaran, A.Hariprasad
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 13TH DAY OF JULY 2016/22ND ASHADHA, 1938
WP(C).No. 22487 of 2016 (I)
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PETITIONER(S):
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THE PRINCIPAL ST. MARYS HIGHER SECONDARY SCHOOL
KIZHAKETHERUVU, KOTTARAKKARA, KOLLAM.
BY ADV. SRI.SYAM J SAM
RESPONDENT(S):
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1. RURAL SUPERINTENDENT OF POLICE,
SP OFFICE, KOLLAM, KOLLAM DISTRICT-691001
2. SUB INSPECTOR OF POLICE,
KOTTARAKARA, KOLLAM-691001
3. UNIT SECRETARY,
STUDENTS FEDERATION OF INDIA, KOTTARAKARA UNIT,
CPM OFFICE, MARKET JUNCTION, KOTTARAKARA, KOLLAM-691001
4. UNIT PRESIDENT,
KERALA STUDENTS UNION, KOTTARAKARA UNIT,
CONGRESS OFFICE, NEAR BOYS HIGH SCHOOL, KOTTARAKARA,
KOLLAM-691001
5. UNIT PRESIDENT,
ABVP, KOTTARAKKARA UNIT, BJP OFFICE, KOTTARAKKARA,
KOLLAM-691001
6. UNIT SECRETARY, ALL INDIA STUDENTS FEDERATION
KOTTARAKKARA UNIT, SRENDRA BHAVAN,
PUTHOOR ROAD, KOTTARAKARA, KOLLAM-691001
R1 & R2 BY GOVERNMENT PLEADER SRI THAJUDHEEN P.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22487 of 2016 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS: N I L
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/TRUE COPY//
P.A. TO JUDGE
JV/
K.T.SANKARAN & A.HARIPRASAD, JJ.
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W.P.(C). No.22487 of 2016
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Dated this the 13th day of July, 2016
JUDGMENT
A.Hariprasad, J.
Principal, St.Mary's Higher Secondary School, Kottarakkara is the petitioner herein. The school is run by a management under Malankara Catholic Community. It is an aided school established years before.
2. According to the averments in the writ petition, the institution is providing a good academic and disciplinary schooling. Many a time, the school won cent percentage result in Plus two and tenth examination. About 4000 students are studying in the school from Lower KG to Plus two. It is the allegation that the party respondents (respondents 3 to 6), who are leaders of various student organizations of political parties, used to conduct illegal strikes and disrupt the academic discipline. Even without any cause, they used to conduct strikes. Due to this type of activities, even during this academic year, on many days studies were affected. It is the submission of the petitioner that in spite of judicial pronouncements that student W.P.(C) No.22487/2016 2 politics shall not affect the curriculum of the students, the respondents are indulging in various prejudicial activities. It is the grievance of the petitioner that in spite of requesting the police to render help for the smooth conduct of the school, they failed to do so. Hence this writ petition is filed.
3. In spite of serving notice on respondents 3 to 6, they did not choose to appear and contest the case. We heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 and 2.
4. Learned counsel for the petitioner submitted that the petitioner's school is having a student strength of 4000 and it was established years back. It earned reputation by achieving good results in the past. Due to the subversive activities of the respondents 3 to 6, on many occasions, classes were disrupted. That apart, students studying in LKG and UKG, who are brought to the school by their parents, will be left in the lurch due to strikes without any notice and they will be stranded in the school. Apart from this, the quality of imparting learning is also adversely affected by the unwanted strikes. Reliance is placed on a decision of this Court in Sathyavan v. State of Kerala [1997 (1) KLT 130] wherein a learned Single Judge of this W.P.(C) No.22487/2016 3 Court has issued directions regarding the steps to be taken to safeguard the rights of the institutions and students.
5. Learned Government Pleader submitted that police will render necessary help if any untoward incident happens in the school in connection with any strike.
Considering the entire facts and circumstances, the following directions are issued:
Respondents 1 and 2 shall afford adequate police protection to the petitioner's school on the request of the Principal and shall see that there is no untoward incident happening so as to cause hindrance to the smooth functioning of the school at the instance of respondents 3 to 6 or their supporters.
K.T.SANKARAN JUDGE A.HARIPRASAD JUDGE jv