Kerala High Court
House Surgeons Association Of ... vs State Of Kerala on 30 June, 2015
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937
WP(C).No. 32832 of 2015 (D)
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PETITIONER(S):
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1. HOUSE SURGEONS ASSOCIATION OF GOVERNMENT MEDICAL COLLEGE
ALAPPUZHA 2014-2015, REPRESENTED BY ITS SECRETARY
DR.SHARUN DAS, S/O.MOHAN DAS, PUTHUSSERY PAROL HOUSE
MANIPURAM P.O., KOZHIKODE DISTRICT 673 572.
2. DR.VINEETHA
D/O.VENUPRASAD P.G., PADMANATHAPURAM, BETAPUR(PO)
MIDDLE ANDAMAN, ANDAMAN AND NICOBAR ISLAND
PIN 744 201.
BY ADVS.SRI.JOHN K.GEORGE
SRI.E.C.BINEESH
SMT.M.B.SHYNI
RESPONDENT(S):
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1. STATE OF KERALA
REP. BY ADDITIONAL CHIEF SECRETARY, HIGHER EDN
(G.DEPT), SECRETARIAT, THIRUVANANTHPAURAM 695 001.
2. THE UNIVERSITY OF KERALA
REP BY ITS REGISTRAR, KERALA UNIVERSITY
THIRUVANANTHPAURAM 695 009.
3. THE PRINCIPAL
ALAPUZHA MEDICAL COLLEGE, PANDALAM PO
ALAPUZHA 688 005.
R BY SR.GOVERNMENT PLEADER SMT.SANJEETHA.K.A.
R BY SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32832 of 2015 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1- A TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITONER AND CALTON
PUBLICITIE DATED 30.6.2015
P2- A TRUE COPY OF THE REQUEST MADE BY THE 1ST PETITIONER TO THE 3RD
RESPONDENT DATED 16.10.2015
P3- A TRUE COPY OF THE CIRCULAR NO.26483/G1/15/H.EDN DATED 12.10.2015
ISSUED BY THE 1ST RESPONDENT
P4- A TRUE COPY OF THE PROGRAMME SCHEDULED TO 12.11.2015 BY THE 1ST
PETITIONER
P5- A TRUE COPY OF THE NOTICE OF PUNARJANI, AN EVENT BY HOUSE SURGEONS
ASSOCIATION OF ALAPPUZHA MEDICAL COLLEGE 2014-15.
RESPONDENT(S)' EXHIBITS : NIL.
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//TRUE COPY//
P.S. TO JUDGE.
'C.R'
V.CHITAMBARESH, J.
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W.P (C) No.32832 of 2015
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Dated this the 2nd day of November, 2015
J U D G M E N T
'The House Surgeons Association' and another have filed this writ petition seeking permission to celebrate the Graduation Ceremony with pomp and show on the evening of 12.11.2015. It is the conceded case that the students who want to indulge in such celebration have left the Government T.D.Medical College, Alappuzha in the year 2014. The students after completing their MBBS course were working as House Surgeons in the various hospitals across the State during the past one year. Graduation Ceremony is a formal ceremony to receive the certificates after wearing a prescribed attire for which there need not be any celebration inside the college campus.
2. The Higher Education (G) Department of the Government of Kerala has issued Circular No.26483/G1/15.H dated 12.10.2015 and clause 12 there of is as follows:-
"Programmes by External agencies/ Professional groups/Paid programmes such as DJ, Musical events should not be permitted inside the campus. No W.P(C) No.32832 of 2015 2 type of fund raising from the students should be permitted, as these practices lead to extortion and misuse of funds. Technical festivals should be limited to Technical activities. There is no restriction for students' programmes."
The above clause specifically prohibits fund raising from the students as these practices lead to extortion and misuse of funds and situations may arise where poor students are driven to the wall. The petitioners contend that a whopping sum of ` 4 lakhs has been agreed to be paid to a play back singer in connection with the celebration that evening. The petitioners can very well arrange the programme else where and the Graduation Ceremony should be simplicity personified owing to the dignity of the profession.
3. The college auditorium is meant for the students of the college to exhibit their talents and ofcourse there can be accompaniments by outside artists in the performance. But the college auditorium or campus is certainly not an arena for the hired artists to perform that too at exorbitant rates spoiling the academic ambiance. Such celebrations will certainly W.P(C) No.32832 of 2015 3 distract the studies of the students in the College or in the hostel campus nearby many of whom would be facing examinations also. The celebration of past students of the college is not part of an academic activity as in the case of conduct of seminars or symposiums relating to the syllabus. The electricity provided by the Government to the colleges shall not be misused for hired artists to perform which practice has to be curbed sooner than later. It is beyond dispute that high voltage electricity is needed to deck up the auditorium and in the use of amplifiers for the instruments by the hired artists.
4. The Senior Government Pleader submitted that permission was sought to have the celebration only on 21.10.2015 whereas the petitioners allege to have paid the play back singer a sum of ` 1 lakh on 30.7.2015. It is also stated that the Principal of the college has after a detailed deliberation declined permission by proceedings dated 31.10.2015 directing the petitioners to re-frame the programme schedule. The internal administration of the college should be best left to the Principal and the same shall not be W.P(C) No.32832 of 2015 4 interfered with unless there are compelling reasons. It may be true that the valedictory function regarding the campaign of human organ donation also coincides with the Graduation Ceremony proposed. I fail to understand as to how the students dancing to the tune of the hired artists till late night will advance the cause for a human organ donation as contended.
5. I also wish to emphasis that the practice of getting individual exemption from the rigour of the Circular afore stated issued by the Higher Education (G) Department has to be deprecated. This Court in exercise of the jurisdiction under Article 226 of the Constitution of India cannot dilute the terms of the Circular issued with a laudable purpose. To top it all the petitioners have not specifically challenged Clause 12 of the Circular which impeads the conduct of such shows by hired artists inside the college campus.
The Writ Petition is dismissed. No costs.
Sd/-
V.CHITAMBARESH, Judge.
nj/3.11.15