Kerala High Court
Manav Asharaf vs Cochin University Of Science And ... on 31 March, 2023
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 2197 OF 2023
PETITIONER:
MANAV ASHARAF
AGED 23 YEARS
S/O ASHARAF, RAYAMARAKKAR HOUSE, ORUMANAYUR
VILLAGE, CHAVAKKAD, THRISSUR, PIN - 680512
BY ADVS.
RAJIT
ARJUN S.
RESPONDENTS:
1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY -
CUSAT
REPRESENTED BY ITS REGISTRAR, UNIVERSITY ROAD,
KALAMASSERY, ERNAKULAM, PIN - 682022
2 REGISTRAR
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
UNIVERSITY ROAD, KALAMASSERY, ERNAKULAM,
PIN - 682022
3 ASSISTANT REGISTRAR
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
UNIVERSITY ROAD, KALAMASSERY, ERNAKULAM,
PIN - 682022
4 CONTROLLER OF EXAMINATIONS
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
UNIVERSITY ROAD, KALAMASSERY, ERNAKULAM,
PIN - 682022
HEADNOTE-WP(C) NO.2197 OF 2023
-: 2 :-
5 DIRECTOR-DDU KAUSHAL KENDRA
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
UNIVERSITY ROAD, KALAMASSERY, ERNAKULAM,
PIN - 682022
6 INTERNAL COMPLAINTS COMMITTEE REPRESENTED BY
ITS CHAIRPERSON
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
UNIVERSITY ROAD, KALAMASSERY, ERNAKULAM,
PIN - 682022
7 CHAIRPERSON-INTERNAL COMPLAINTS COMMITTEE
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
UNIVERSITY ROAD, KALAMASSERY, ERNAKULAM,
PIN - 682022
OTHER PRESENT:
SHRI. S.P. ARAVINDAKSHAN PILLAY, SC, CUSAT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.2197 of 2023
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Dated this the 31st day of March, 2023
J U D G M E N T
The petitioner is a student of B-Voc degree in Business Process and Data Analytics in the first respondent University. He is undergoing his sixth semester of the course. Alleging involvement in inappropriate conduct/incident, the petitioner was suspended pending enquiry. Pursuant to the enquiry conducted by the Internal Complaints Committee and based on the recommendation of the Committee, the petitioner was, as per Ext.P4 order debarred from appearing for all examinations under the University for a period of four years. The said order is under challenge in this writ petition.
2. Section 9 of the Cochin University Students' (Conduct and Discipline) Code-2005, provides for a right of appeal to the Syndicate. Section 9 reads thus:- W.P.(C) No.2197 of 2023 -: 2 :-
"Section 9 Right to Appeal The student/students aggrieved by the action of the Heads/Principals/Directors can appeal to the Vice-Chancellor and any students aggrieved by the action of the Vice-Chancellor can appeal to the Syndicate. The decision of the Syndicate shall be final and binding on the student/students."
It is for the petitioner to seek the said remedy.
3. This Court does notice the fact that the petitioner has resolved his issues with the complainants which led to disciplinary proceedings. It appears that the criminal proceedings against the petitioner were quashed on the consent of the complainants. The petitioner has already suffered one year of debarring.
4. It is the primary responsibility of the Principal of a College to see that discipline is maintained in the College. The power is inherent in him by virtue of the nature of office he holds. It is also to be noticed that, the duty of an educational institution is not confined to imparting studies but W.P.(C) No.2197 of 2023 -: 3 :- also includes the building up of character of the students. In Hira Nath Mishra v. The Principal, Rajendra Medical College, Ranchi & Ors. [AIR 1973 SC 1260], the Apex Court observed that, the teachers and Headmasters are in loco-parentis to all the students. Their responsibility includes reformation of the students also.
5. The High Court of Allahabad in Satyam Rai v. Banaras Hindu University and Ors. (MANU/UP/4672/2019) observed thus:-
"Universities are not teaching shops, nor are they mere examining bodies. Universities nurture the intellect and develop the character of the young citizens in a wholesome manner. Students gain knowledge and imbibe values in universities. These dual pursuits constitute the founding purpose of a university, in fact its raison deter."
"The punitive consequences of the action, cannot go beyond the requirements of the case."
"Disciplinary action should also be supported by reformative philosophy. Reformative philosophy does not undermine the deterrent approach."W.P.(C) No.2197 of 2023 -: 4 :-
"University is a paternal institution. By the act of suspension or debarment of a delinquent student, the university abandons its ward. The university has solved its problem, but the society has one at its hands. The downstream effects of the punishments, have not been considered by the respondents. Clearly there are direct costs to the society as well. There are no other institutions of equal standing, to engage with the youth, deal with the discontent or aberration, and channelize youthful energies."
In the light of the above, the Syndicate, if approached, shall consider the petitioner's appeal with due regard to the aspects noted above. Let final orders be passed on the appeal after affording an opportunity of hearing to the petitioner within a period of six weeks from the date of receipt of the appeal.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 2197/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDERS OF THIS HON'BLE COURT IN BA.NO.2357/2022 DTD 04.04.2022 EXHIBIT P2 A TRUE COPY OF THE FIR IN CR.NO.424 OF 2022 OF KALAMASSERY POLICE STATION DATED 19.03.2022 EXHIBIT P3 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL.MC.NO.7131 OF 2022 DTD 31.10.2022 EXHIBIT P4 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL.MC.NO.7144 OF 2022 DTD 04.11.2022 EXHIBIT P5 A TRUE COPY OF THE AFFIDAVIT FILED BY THE DE FACTO COMPLAINANT IN CRL.MC.NO.7131 OF 2022 DTD 22.08.2022 EXHIBIT P6 A TRUE COPY OF THE AFFIDAVIT FILED BY THE DE FACTO COMPLAINANT IN CRL.MC.NO.7144 OF 2022 DTD 22.08.2022 EXHIBIT P7 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DTD 10.05.2022 EXHIBIT P8 A TRUE COPY OF THE FI STATEMENT IN CRIME 424/2022 OF KALAMASSERY POLICE STATION DATED 06.04.2022 RESPONDENT EXHIBITS EXHIBIT-R1(A) TRUE COPY OF THE COMPLIANT DATED 21.03.2022 SUBMITTED BY MS.SHAHLA ABDUL NAZER TO THE REGISTRAR, CUSAT.
EXHIBIT-R1(B) TRUE COPY OF THE REPORT DATED 24.03.2022 OF THE INTERNAL COMPLAINTS COMMITTEE EXHIBIT-R1(C) TRUE COPY OF THE ORDER NO.CUSAT/AC(A).A3/1447/2022 DATED 24.03.2022. EXHIBIT-R1(D) TRUE COPY OF THE REPORT DATED 20.04.2022 OF THE INTERNAL COMPLAINTS COMMITTEE.
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