Rithwik.G.A vs The University Of Calicut on 26 February, 2019

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Kerala High Court

Rithwik.G.A vs The University Of Calicut on 26 February, 2019

Bench: A.Muhamed Mustaque

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

                         WP(C).No.17591 of 2018



PETITIONER/S:


                RITHWIK.G.A., AGED 23 YEARS, S/O.ASHOKAN P.,
                PANDYADATH HOUSE, KOYILANDY P O, CALICUT-673305.

                BY ADVS.
                SRI.BONNY BENNY
                SRI.V.KRISHNADAS
                SMT.LAKSHMI.N.KAIMAL
                MANIKANDAN.V
                SRI.RENJITH B.MARAR
                SUNEER P.B.




RESPONDENT/S:
     1        THE UNIVERSITY OF CALICUT,
              THENHIPALAM, KERALA- 673635.

    2           DEAN OF STUDENTS WELFARE, CALICUT UNIVERSITY,
                THENHIPALAM, KERALA-673635.

    ADDL.R3 THE VICE CHANCELLOR, THE UNIVERSITY OF CALICUT,
            THENHIPALAM, MALAPPURAM-673635.

    ADD.R4      THE PRINCIPAL, GOVERNMENT LAW COLLEGE, KOZHIKODE-
                673012.

    ADDL.R5 AJAY JOSEPH, NEAR LITTLE FLOWER IELTS INSTITUTE,
            KOTTOOR, SREEKANDAPURAM-670631.

    ADDL.R6 MOHAMMED IRSHAD M.T., M.T HOUSE, 16/104, MARAKKAR
            THODUKA, MUCHUNDI KUTTICHIRA, KOZHIKODE-673001.

    ADDL.R7 ARUN NARAYANAN, MALAMEL HOUSE, VILANGU P.O.,
            EDATHALA ROAD, ERNAKULAM-683561.

    ADDL.R8 MOHAMMED YASEEN, 7TH SEMESTER 5 YEAR BBA LLB,
            GOVERNMENT LAW COLLEGE, KOZHIKODE-673012.
 WP(C).No.17591/2018             2


    ADDL.R9 AZAD SHAH, 3RD SEMESTER 5 YEAR BBA LLB, GOVERNMENT
            LAW COLLEGE, KOZHIKODE-673012.

    ADDL.R10 AZAD SUNIL, 3RD SEMESTER 5 YEAR BBA LLB, GOVERNMENT
             LAW COLLEGE, KOZHIKODE-673012.

    ADDL.R11 ABDUL RASHID P.M., 5TH SEMESTER 5 YEAR BBA LLB,
             GOVERNMENT LAW COLLEGE, KOZHIKODE-673012.

    ADDL.R12 MOHAMMED MISBAH, 7TH SEMESTER 5 YEAR BBA LLB,
             GOVERNMENT LAW COLLEGE, KOZHIKODE-673012. (ADDL.R3
             TO R12 ARE IMPLEADED AS PER ORDER DATED 07/06/2018
             IN IA.NO.9706/2018)

             BY ADVS.
             SMT.G.RANJITA, GOVERNMENT PLEADER
             SRI.THOMAS ABRAHAM
             SMT.MERCIAMMA MATHEW
             SRI.ASWIN.P.JOHN
             SRI.PC SASIDHARAN, SC, CALICUT UNIVERSITY


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17591/2018                         3



                                  JUDGMENT

This writ petition is filed by a law student studying in Government Law College, Kozhikode. He challenges Ext.P5 order of the Calicut University interfering with the penalty imposed upon the party respondents by the Principal of the Government Law College.

2. Pursuant to an Enquiry Committee, the Principal of the College decided to rusticate students by way of punishment till 31.10.2018. It was decided to recommend to the University to withhold their results for a period of one year from the date of publication of LL.B. Final year results, by way of punishment. It was also decided that their punishment shall be recorded in their Admission Register, Transfer Certificate and Conduct Certificate.

3. As seen from the various pleadings, the petitioner was tortured and beaten up by party respondents. It was initially projected as a case of ragging. However, the enquiry report concluded that it was a political clash. As seen from Ext.P4 proceedings of the Principal of the WP(C).No.17591/2018 4 Government Law College, Kozhikode, a penalty was imposed on party respondents. The University interfered with the penalty and reduced it. It is challenging this order, the petitioner has approached this Court.

4. This matter is pending before this Court more than ten months. This Court also directed the party respondents to resolve the disputes through mediation. However, the party could not reach to a settlement.

5. It seems that Ajay Joseph, Mohd.Irshad and Arun Narayanan, Abdul Rashid P.M. out of eight students have passed L.L.B. examination and the University honouring interim direction of this Court did not issue course certificate to them. Therefore, they are unable to enroll as lawyer. The other respondents are yet to complete the course.

6. The petitioner as well as the party respondents are law students. It appears that immaturity and rush of blood result in strained relationship on political line. The youngsters who are clamouring themselves as exponent of rule of law, need not be told about the consequence of WP(C).No.17591/2018 5 violation of law. Taking into account of their tender age, an opportunity should be given to them to realize the mistake they committed. Correctional services is one of the methods to make them more humane and responsible person. Taking note of the facts and circumstances, I am of the view that to atone the mistakes committed by the party respondents, they should volunteer with the Kerala State Legal Services Authority (KELSA) to do community service for a period of three months. The KELSA shall assign them the duties as volunteers at places convenient to them. Those who have not completed LL.B. Course should not be given course certificate by the University unless they produce the certificate issued by the KELSA in regard to the successful completion of the volunteer service. In regard to others, the University shall issue course certificate. However, they shall complete the volunteer service with the KELSA within three months. If they enroll as lawyer, this will be subject to production of the certificate issued by the KELSA in regard to the satisfactory completion of volunteer service. If they do not WP(C).No.17591/2018 6 produce such certificate after enrollment, it is made clear that the Bar Council shall cancel their enrollment as well.

The Registry shall forward a copy of this judgment to the Bar Council, Kerala. The Registry shall also forward a copy of this judgment to the KELSA.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.17591/2018 7 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE PHOTOSTAT COPY OF THE REGISTER-CUM-WOUND CERTIFICATE ISSUED BY THE GOVERNMENT MEDICAL COLLEGE CALICUT DATED 16.1.2018 EXHIBIT P2 THE PHOTOSTAT COPY OF THE DISCHARGE SUMMARY FROM BABY MEMORIAL HOSPITAL DATED 22.1.2018 EXHIBIT P3 THE PHOTOSTAT COPY OF THE FIR DATED 16.1.2018 EXHIBIT P4 THE PHOTOSTAT COPY OF THE PROCEEDINGS OF THE PRINCIPAL GOVERNMENT LAW COLLEGE DATED 26.2.2018.

EXHIBIT P5 THE PHOTOSTAT COPY OF THE ORDER PASSED BY DEAN OF STUDENT WELFARE DATED 11.05.2018. RESPONDENTS EXHIBITS ANNEXURE 1 TRUE COPY OF THE REPORT DATED 26.02.2018 SUBMITTED BY THE ENQUIRY COMMITTEE ON THE INCIDENT OF BEATING RITHWIK, STUDENT OF 9TH SEM 5 YEAR ON 16.01.2018.

ANNEXURE 2 TRUE COPY OF THE LETTER NO.48/2018 FROM THE PRINCIPAL TO THE STATION HOUSE OFFICER, CHEVAYUR POLICE STATION, DATED 28.02.2018. ANNEXURE 3 TRUE COPY OF THE REVIEW APPLICATION NO.C-

48/2018 SEND TO THE BASG OF UNIVERSITY OF CALICUT BY THE PRINCIPAL, GOVERNMENT LAW COLLEGE, KOZHIKODE DATED 06.07.2018. ANNEXURE 4 TRUE COPY OF REPORT OF PRINCIPAL, GOVERNMENT LAW COLLEGE, KOZHIKODE DATED 12.11.2018. EXHIBIT P7(A) THE PHOTOGRAPHS EVIDENCING THE INJURIES SUSTAINED BY ABDUL RASHAD.

WP(C).No.17591/2018 8

EXHIBIT R7(B) THE TRUE COPY OF THE FIR NO.542 OF 2017 OF CHEVAYOOR POLICE STATION REGISTERED IN CONNECTION WITH THIS INCIDENT FOR OFFENCES UNDER SECTIONS 143, 147, 341, 323, 324, 308 AND 149 OF IPC.

EXHIBIT P7(C) A TRUE COPY OF THE REPORT SUBMITTED BY THE ANTI RAGGING SQUAD GOVERNMENT LAW COLLEGE, KOZHIKODE ON 19.03.2018.

//TRUE COPY// P.A.TO JUDGE

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