Kerala High Court
Antony K.A vs Kerala Agricultural University on 27 November, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:91645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 27TH DAY OF NOVEMBER 2025 / 6TH AGRAHAYANA, 1947
WP(C) NO. 44138 OF 2025
PETITIONERS:
1 ANTONY K.A
AGED 20 YEARS
ADMISSION NO - 2023-02-028 3RD YEARS
(AGRICULTURAL ENGINEERING) KELAPPAJI COLLEGE OF
AGRICULTURAL ENGINEERING & FOOD TECHNOLOGY KERALA
AGRICULTURAL UNIVERSITY. KAVALAKKAD HOUSE,
KOTTAYAKKAD, PUTHOOR P.O THRISSUR, PIN - 691507.
2 SHANMUGHA KRISHNA K
AGED 20 YEARS
ADMISSION NO - 2023-02-041 3RD YEARS
(AGRICULTURAL ENGINEERING) KELAPPAJI COLLEGE OF
AGRICULTURAL ENGINEERING & FOOD TECHNOLOGY KERALA
AGRICULTURAL UNIVERSITY. PKS NILAYAM PARAMELPPADI
KONDAZHY P.O, THRISSUR, PIN - 679106.
BY ADVS.
SRI.M.P.ASHOK KUMAR
SMT.BINDU SREEDHAR
SHRI.ASIF N
W.P.(C)No.44138 of 2025
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RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY
REP. BY REGISTRAR KERALA AGRICULTURAL
UNIVERSITY P.O., THRISSUR, PIN - 680656.
2 THE REGISTRAR
KERALA AGRICULTURAL UNIVERSITY,
KERALA AGRICULTURAL UNIVERSITY P.O.,
THRISSUR, PIN - 680656.
3 THE DEAN OF FACULTY (AGRICULTURAL ENGINEERING)
KELAPPAJI COLLEGE OF AGRICULTURAL ENGINEERING
& FOOD TECHNOLOGY KERALA AGRICULTURAL
UNIVERSITY TAVANUR P.O MALAPPURAM,
PIN - 679573.
BY ADV. SRI. ANTONY MUKKATH, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.11.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.44138 of 2025
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JUDGMENT
Dated this the 27th day of November, 2025 The petitioners are two students, who were rusticated from their College for alleged misconduct. Ext.P3 is the punishment order. The petitioners have filed the writ petition seeking the following reliefs:-
i. Issue a Writ of Certiorari or any other appropriate writ, order, or direction quashing Exhibit P3 order dated 10.11.2025 issued by the 3rd respondent, whereby the petitioners were suspended from all academic activities of the current semester, removed from the hostel for a period of one year, and imposed with a fine of Rs. 5000/-, or in any other manner held to be illegal, arbitrary, ultra vires, and in violation of the principles of natural justice.
ii. Declare that Ext.P3 is void ab initio and without jurisdiction, as no prior approval of the Vice-Chancellor was obtained which is in violation of Statute 5 (xiv) of the Kerala Agricultural University Statutes.
iii. Direct the respondents to allow the petitioners to continue their academic activities for the current semester, including attending classes, participating in academic, co-curricular, and extra-curricular activities, and to appear for all examinations (Practical and Theory) scheduled for the 5th semester.W.P.(C)No.44138 of 2025 :4:
2025:KER:91645 iv. Declare that the petitioners were not guilty of any misconduct or breach of hostel rules, and that the punishment imposed upon them was disproportionate, discriminatory, and in violation of Articles 14 and 21 of the Constitution of India.
2. After hearing the matter for considerable length, I find that no formal charge sheet was issued on the petitioners before imposing the penalty as per Ext.P3. Therefore, what ever be the merits of the case, Ext.P3 order cannot be sustained. The respondents will have to conduct a proper enquiry after issuing charge sheet.
3. In the circumstances, the writ petition is disposed of setting aside Ext.P3 and permitting the respondents to conduct proper enquiry after issuing charge sheet and in compliance of the principles of nature justice.
4. The suspension order imposed as per Ext.P2 shall continue to be in force till a fresh enquiry is ordered and concluded. The petitioners shall be permitted to appear for the examinations scheduled as per Ext.P6, in W.P.(C)No.44138 of 2025 :5: 2025:KER:91645 spite of the suspension, provided the petitioners satisfy all other parameters.
The 2nd petitioner being a candidate belonging to OEC, if the 2nd petitioner submits a request for reinduction into the hostel, the 1st respondent shall consider the request and take a decision as per law.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.44138 of 2025 :6: 2025:KER:91645 APPENDIX OF WP(C) 44138/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF OP TICKET DT 25/10/2025 ISSUED FROM TALUK HOSPITAL Exhibit P2 TRUE COPY OF ORDER OF SUSPENSION NO KCAET/8188/2025-C1 DT 27/10/2025 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF ORDER NO KCAET/8188/2025-C1 DT 10/11/2025 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE APPLICATION DT 14/11/2025 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF REPLY DT 20/11/2025 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF EXAM SCHEDULE DT 11/11/2025 ISSUED BY THE 3RD RESPONDENT