Kerala High Court
Anuja B.S vs University Of Kerala on 21 November, 2019
Author: S. Manikumar
Bench: S.Manikumar, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA,
1941
WA.No.2358 OF 2019
AGAINST THE JUDGMENT IN WP(C) 30776/2019(V) OF HIGH COURT
OF KERALA DATED 19.11.2019
APPELLANT/PETITIONER:
ANUJA B.S.
AGED 22 YEARS, D/O. BABU,
POOVANATHUM VILAKOM,
AZHOOR P.O. CHIRANYINKIL,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS/RESPONDENTS:
1 UNIVERSITY OF KERALA
REPRESENTED BY REGISTRAR,
UNIVERSITY OF KERALA, SENATE HOUSE,
CAMPUS, PALAYAM, THIRUVANANTHAPURAM ,
KERALA 695 034.
2 THE REGISTRAR,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM ,
KERALA 695 034.
3 BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES,
KERALA UNIVERSITY SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM ,
KERALA 695 034, REPRESENTED BY ITS CHAIRMAN
(VICE CHANCELLOR, KERALA UNIVERSITY).
W.A.2358/2019
2
4 NSS LAW COLLEGE,KOTTIYAM,
KOLLAM DISTRICT
REPRESENTED BY MANGER 691 571.
5 THE PRINCIPAL
NSS LAW COLLEGE, KOTTIYAM,
KOLLAM DISTRICT 691 571.
6 CONVENOR,
ANTI RAGGING CELL, NSS LAW COLLEGE,
KOTTIYAM, KOLLAM DISTRICT 691 571.
7 REVATHY LEKSHMI .R.
6TH SEMESTER, NSS LAW COLLEGEE,
KOTTIYAM, KOLLAM DISTRICT 691 571.
R1 TO R3 BY SRI.THOMAS ABRAHAM, SC
R4 TO R6 BY SRI.R.T.PRADEEP
R7 BY SRI.T.R.RAJAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.11.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.2358/2019
3
JUDGMENT
Dated this the 21st day of November 2019 S. Manikumar, CJ Being aggrieved by judgment in W.P(C). No.30776 of 2019 dated 19.11.2019, by which the writ court directed the Board of Adjudication of Students Grievances, Kerala University (3rd respondent therein) to dispose of Ext.P7 complaint filed by the appellant, on an early basis, after providing opportunity of participation and hearing, instant writ appeal is filed.
2. The short facts leading to appeal are:
The appellant, a student of 9th semester in NSS Law College, Kottiyam, Kollam District, was alleged to have involved in ragging. The appellant was suspended on 26.8.2019, as against which, she has filed a complaint before the Board of Adjudication of Students Grievances (Ext.P7). As the complaint was not disposed of, writ petition No.30776 of 2019 was filed for a mandamus directing the Board of Adjudication of Students Grievances (3 rd respondent therein) to constitute the Board, for taking a decision on Ext.P7 complaint, made by the appellant. Further directions have also been sought for. W.A.2358/2019 4
3. Adverting to the submissions and pleadings, writ court directed complaint (Ext.P7) to be disposed of as stated supra. Though the said decision has been assailed on various grounds, when the writ appeal came up for admission, the contention of Mr. P. Anoop, learned counsel for the appellant is that despite revocation of suspension, NSS Law College, Kottiyam (respondent No.4) is not permitting the appellant for appearing both in theory and practical classes. If she is not allowed to attend the classes, the appellant will lose one year of her studies.
4. Responding to the above submission, Mr.R.T. Pradeep, learned counsel appearing for the NSS Law College submitted that no sooner the order of suspension was revoked by a memo dated 7.11.2019, nothing survives in the complaint (Ext.P7) filed before the Board of Adjudication of Students Grievance. Inviting the attention of this court to a decision in University of Kerala v. Council of Principals of Colleges, Kerala and Others reported in [(2009) 16 SCC 712], learned counsel further submitted that ragging is a serious misconduct. He further added that in the case on hand, three students were involved in ragging a junior. The appeal committee constituted in the college issued notice to the appellant to appear before the Committee. The appellant did not appear. Two other W.A.2358/2019 5 students involved in the incident appeared before the Committee. The suspension was revoked on 7.11.2019, subject to the following conditions:
1. Submit an undertaking from parents.
2. Submit written apology before the Council.
3. The suspension revoked is temporary and it will be subject to the decision of the complaint in the Police Station.
The memo dated 7.11.2019 addressed by the NSS Law College, to the student is extracted below:
"No.02/Enq.2019/AR/NSSLC 7.11.2019
Memo
To
Anuja B.S. D/o. Babu.A
(Semester 8, Adm.No.206) Poovanathumvilakom
Azoor
Thiruvananthapuram.
Sub: Complaint by Revathi Lekshmi - suspension revoked - information-reg Ref:- Decision of the Staff Council held on 6-11-2019.
You are informed that your suspension following the complaint filed by Revathilekshmi in hereby temporarily revoked based on the report of the Enquiry Committee and decision of the Staff Council held on 6-11-2019 subject to the following conditions.
1. Submit an undertaking from Parents.
2. Submit written apology before the Council.
3. The suspension revoked is temporary and it will be subject to the decision of the complaint in the Police Station. W.A.2358/2019 6
You are directed to appear before the undersigned with your parents on or before 12-11-2019 Sd/-
PRINCIPAL NSS Law College, Kottiyam, Kollam"
5. Mr. R.T. Pradeep, learned counsel for the NSS Law College (3rd respondent) submitted that as per the letter dated 7.11.2019, among the three students, parents of two students as also the students gave an undertaking letter as well as written apology before the Council.
6. Undertaking from the parents may not be required. Both learned counsel for the parties submitted that if the appellant/student gives a letter to the Principal that rules and regulations of NSS Law College would be duly followed by the appellant, then she would be permitted to participate both in theory and practical classes.
7. Placing on record the above submission, we are of the view that it is suffice that if the appellant submits a letter to the Principal, NSS Law College, Kottiyam, Kollam (respondent No.4), that rules and regulations of the NSS Law College would be duly and faithfully followed. On receipt of such letter, the appellant be permitted to attend theory and practical classes of the 9th semester in NSS Law W.A.2358/2019 7 College, Kottiyam.
8. Mr. R.T. Pradeep, learned counsel appearing for the College will communicate the orders of this Court to NSS Law College, Kottiyam, for implementation.
Writ appeal is disposed of accordingly.
Sd/-
S. Manikumar, Chief Justice Sd/-
A.M. Shaffique, Judge sou.