Kerala High Court
Anzeem N vs Manager on 22 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
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
WA.No.2362 OF 2019
AGAINST THE JUDGMENT IN WP(C) 27753/2019(T) OF HIGH COURT OF
KERALA
APPELLANTS/PETITIONERS IN THE WPC:
1 ANZEEM N
AGED 21 YEARS
S/O. NAZEEM N,
M.B.B.S COURSE, 15TH BATCH, JUBILEE MISSION MEDICAL
COLLEGE AND RESEARCH INSTITUTE, EAST FORT, THRISSUR,
RESIDING AT 'HIRA HOUSE', MULAMPPALLI, PALLICKAL PO,
TRIVANDRUM-695604.
2 MOHAMED SUHFIN S
AGED 21 YEARS
S/O. SAIDHUMAN A, M.B.B.S COURSE, 15TH BATCH, JUBILEE
MISSION MEDICAL COLLEGE AND RESEARCH INSTITUTE, EAST
FORT, THRISSUR, RESIDING AT'ARITA MANZIL',
PALLIMUKKU,
ALAMCODE P O, TRIVANDRUM-695102.
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
RESPONDENTS/RESPONDENTS IN THE WPC:
1 MANAGER
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE, JUBILEE MISSION HOSPITAL TRUST,
ARCHDIOCESE OF TRICHUR, BISHOP ALAPPAT ROAD, JUBILEE
MISSION P O, THRISSUR EAST-680005.
2
W.A.Nos.2362 & 2370 of 2019
2 THE PRINCIPAL,
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE, BISHOP ALAPPAT ROAD,
JUBILEE MISSION P O, THRISSUR EAST-680005.
SRI.KURIAN GOERGE KANNAMTHANAM(SR) FOR RESPONDENTS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.11.2019, ALONG WITH WA NO.2370/19, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
W.A.Nos.2362 & 2370 of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
WA.No.2370 OF 2019
AGAINST THE JUDGMENT IN WP(C) 27735/2019(N) OF HIGH COURT OF
KERALA
APPELLANT/PETITIONER IN WP(C):
SANIMSHA SHAJAHAN,
AGED 21 YEARS
S/O.ESMAIL P.SHAJAHAN, MBBS COURSE, 15TH BATCH,
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE, EAST FORT, THRISSUR, RESIDING AT
SANIMSHA MANZIL, THEKKADA, VAMBAYAM.P.O,
TRIVANDRUM-695615
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
RESPONDENTS/RESPONDENTS IN THE WP(c):
1 MANAGER,
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE, JUBILEE MISSION HOSPITAL TRUST,
ARCHDIOCESE OF TRICHUR, BISHOP ALAPPAT ROAD,
JUBILEE MISSION.P.O, THRISSUR EAST -680005
2 THE PRINCIPAL
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE, BISHOP ALAPPAT ROAD,
JUBILEE MISSION .P.O, THRISSUR EAST-680005
SRI.KURIAN GEORGE KANNAMTHANAM(SR) FOR RESPONDENTS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.11.2019, ALONG WITH WA NO.2362/19, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
4
W.A.Nos.2362 & 2370 of 2019
JUDGMENT
Dated this the 22nd day of November 2019 S.MANIKUMAR, C.J.
These writ appeals are directed against a common judgment dated 6.11.2019 in W.P.(C).Nos. 27735 & 27753 of 2019. As pleadings and submissions in both the appeals are same, they are taken up together and disposed of by a common judgment. Writ court while considering the correctness of Ext.P1 order imposing punishment to the appellants by way of suspension for two semesters and directed to pay a sum of Rs.2500/- to Chief Minister's Distress Relief Fund (CMDRF) by way of penalty for having committed ragging in the college campus. Observing that the findings rendered by the college as regards the misconduct was serious, writ court deemed it fit to modify the penalty. Accordingly, writ court altered the penalty by confining the suspension of the appellants/petitioners to one semester of the course and directed them to pay a sum of Rs.1,00,000/- each to the Hon'ble Chief Minister's Distress Relief Fund. In addition to this, writ court further directed the appellants/petitioners to perform social work. Writ court further directed the petitioners to continue their studies after undergoing the suspension period and on production of receipts evidencing payment towards Chief Minister's Distress Relief Fund.
2. Learned counsel for the appellants submitted that, in so far as the 1st appellant in W.A.No.2362/2019 is a meritorious student, 5 W.A.Nos.2362 & 2370 of 2019 without any antecedents of ragging, the punishment of suspension for one semester together with payment of Rs.1,00,000/- will disrupt his education and therefore, sought for indulgence to modify the punishment.
3. Having regard to the serious allegation of ragging found against the appellants, we are not inclined to modify the punishment of suspension. Writ court has already showed indulgence by reducing the punishment of suspension from two semesters to one semester. During the course of hearing, when Mr. Kurian George Kannamthanam, learned Senior Counsel for respondents posed with a question as to whether the appellants got seats on the basis of merit, the reply was in the affirmative.
4. Having regard to their academic performance, we only deem it fit to reduce the amount to be paid to the Hon'ble Chief Minister's Distress Relief Fund as Rs.25,000/-. Except the above, the order passed by the writ court is sustained in all other aspects. It is open for the appellants to seek for refund of the balance amount, if already paid.
Writ appeals are disposed of with the above modification.
Sd/-
S.MANIKUMAR, CHIEF JUSTICE Sd/-
True copy A.M.SHAFFIQUE, JUDGE
kp P.A. To Judge
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W.A.Nos.2362 & 2370 of 2019