Kerala High Court
Anas P.M vs Principal, Ies College Of Engineering on 2 December, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 37026 OF 2022
PETITIONERS:
1 ANAS P.M., AGED 21 YEARS, S/O MUSTAFA P.,
PERUMBUKATTIL HOUSE, CHIRAVALLUR P.O., MALAPPURAM,
KERALA - 679575. PH: +917994682376 , IES COLLEGE OF
ENGINEERING, CHITTILAPPILLY, REGISTER NO: IES19ME012.
2 ABITHRAJ B., AGED 22 YEARS, S/O BABURAJ P.,
VADAKKEKKARA HOUSE, THOOTHA P.O., MALAPPURAM,
KERALA - 679357, PH: +918075668437, IES COLLEGE OF
ENGINEERING, CHITTILAPPILLY, REGISTER NO: IES19ME005.
3 AKSHAY LINSON, AGED 21 YEARS, S/O LINSON N.A.,
NALLANGARA HOUSE, CHEERACHI, OLLUR P.O., THRISSUR,
KERALA - 680306. PH: +919446143634. IES COLLEGE OF
ENGINEERING, CHITTILAPPILLY, REGISTER NO: IES19ME007.
4 PRANAV V., AGED 21 YEARS, S/O VIJITH KUMAR, AMBALAKUTTY
HOUSE, IRINGAL P.O., VADAKARA, CALICUT, KERALA -
673521. PH: +919746146620, IES COLLEGE OF ENGINEERING,
CHITTILAPPILLY, REGISTER NO: IES19ME036.
BY ADVS.
JERRY MATHEW
K.R.ARUN KRISHNAN
TITTU JOSE CHACKANAD
RESPONDENTS:
1 PRINCIPAL, IES COLLEGE OF ENGINEERING,
POOVATHUR PARAPPOOR ROAD, THRISSUR DISTRICT,
CHITILAPPILLY, KERALA - 680551.
2 REGISTRAR, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
CET CAMPUS, ALATHARA RD, AMBADY NAGAR,
THIRUVANANTHAPURAM, KERALA - 695016.
3 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, TRIVANDRUM - 695 001.
WPC 37026/22
2
BY ADVS.
T.M.MOHAMED YOUSUFF(SR.)
AYSHA YOUSEFF
MOLLY JACOB
RABIA BEEGAM T.K.
JOBI.A.THAMPI
ASHIFA YOUSEFF
M.KABANI DINESH
FASHIYA YOUSEFF
C.M.EBRAHIM
SHOUKATH HUSAIN
SRI.ELVIN PETER -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 37026/22
3
JUDGMENT
The petitioners are studying in the 7th semester in "IES College of Engineering" - of which the 1 st respondent is the Principal and were suspended for the rest of the academic year 2022-2023, through Ext.P1 dated 20.10.2022. They have also been banned from entering the campus of the College without prior permission of the Principal; and assert that, this is extremely harsh and unfair, particularly, when the allegations made against them are baseless and untrue. They, thus, pray that Exts.P1 to P4 be set aside and they be allowed to attend the classes and write all ensuing examinations, without any legal impediment.
2. Sri.Mohammed Yousef - learned Standing Counsel, instructed by Smt.Ayisha Yousef - learned counsel appearing for the 1st respondent, answered the afore submissions of Sri.Jerry Mathew - learned counsel for the petitioners, saying that Exts.P1 to P4 have been issued in the best interest of the discipline of the Institution and that the allegations against the WPC 37026/22 4 petitioners would show how grave they are. He showed me that the petitioners are alleged to have attacked certain students of second year; and that this can only be construed to be a ragging incident. He added that the jurisdictional Anti-Ragging Cell has already taken cognizance of the matter and an Enquiry Report submitted by them, on the strength of which, the Disciplinary Committee decided to take action against the petitioners. He submitted that, therefore, Exts.P1 to P4 are irreproachable and thus prayed that this Writ Petition be dismissed.
3. Sri.Elvin Peter P.J. - learned Standing Counsel for the University, submitted that the controversy at the moment is between the College and the students and that his client does not obtain a role, unless the former makes an appropriate application before the 'Students Grievance Redressal Cell', which is competent to look into this issue.
4. In reply, Sri.Jerry Mathew - learned counsel for the petitioners, submitted that his clients have already invoked their alternative remedy, by approaching the 'Students Grievance Redressal Cell' of the University, as is evident from Ext.P9; and WPC 37026/22 5 thus prayed that the reliefs sought for by his clients be granted.
5. When I evaluate and assess the afore submissions, it is clear that the petitioners have already suffered suspension from the College for nearly 60 days now. Since they have already invoked their alternative remedy, I am certain that any further continuation of the same would be inequitable, at least until such time as the competent 'Students Grievance Cell' takes a final decision. This is also because, if the petitioners are continued under suspension - as has been ordered through Exts.P1 to P4 - they will lose a year and this would create irreparable prejudice to their lives and career.
In the afore circumstances, I allow this Writ Petition, without quashing Exts.P1 to P4; however, directing the College to readmit the petitioners to classes and allow them to write all ensuing examinations - be that internal or external - subject to all imperative requirements being satisfied.
It is, however, clarified that the afore privilege will be available to the petitioners, subject to the decision to be taken by the University on Ext.P9; and I, therefore, direct the 2 nd WPC 37026/22 6 respondent to ensure that the same is taken up and disposed of, after affording the petitioners, as also the College, an opportunity of being heard, without any avoidable delay, but not later than two months from the date of receipt of a copy of this judgment.
At this time, Sri.Jerry Mathew intervened to say that his clients may have suffered attendance shortage on account of the suspension imposed through Exts.P1 to P4.
I am afraid that I cannot speak on this issue at this stage, but leave liberty to the petitioners to approach the University or the College - as the case may be, for appropriate remedies in this regard; for which purpose, all contentions are left open.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 37026/22
7
APPENDIX OF WP(C) 37026/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF SUSPENSION ORDER DATED
20.10.2022 REFERRED AS
PC/DISCIPLINE/320(1)/2022 ISSUED BY THE 1ST RESPONDENT AGAINST 1ST PETITIONER. Exhibit P2 A TRUE COPY OF SUSPENSION ORDER DATED 20.10.2022 REFERRED AS PC/DISCIPLINE/320(2)/2022 ISSUED BY THE 1ST RESPONDENT AGAINST 2ND PETITIONER. Exhibit P3 A TRUE COPY OF SUSPENSION ORDER DATED 20.10.2022 REFERRED. AS PC/DISCIPLINE/320(3)/2022 ISSUED BY THE 1ST RESPONDENT AGAINST 3RD PETITIONER Exhibit P4 A TRUE COPY OF SUSPENSION ORDER DATED 20.10.2022 REFERRED AS PC/DISCIPLINE/320(4)/2022 ISSUED BY THE 1ST RESPONDENT AGAINST 4TH PETITIONER. Exhibit P5 A TRUE COPY OF THE WOUND CERTIFICATE ISSUED ON 30/09/2022.
Exhibit P6 THE FIS OF THE CRIME NO. 839/2022 OF PERAMANGALAM POLICE STATION DATED 01/10/2022.
Exhibit P7 A TRUE COPY OF THE FIR WITH CRIME NO.
839/2022 ISSUED BY THE SHO OF PERAMANGALAM POLICE STATION DATED 01/10/2022.
Exhibit P8 A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 1ST. RESPONDENT DATED 11/10/2022.
Exhibit P9 .A TRUE COPY OF THE EMAIL SENT BY THE PETITIONERS TO THE 2ND RESPONDENT ON 31/10/2022.
RESPONDENT EXHIBITS Exhibit R1(a) PHOTOCOPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit R1(b) PHOTOCOPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE AMALA INSTITUTE OF MEDICAL SCIENCE