Kerala High Court
Abey G.Alex vs Mar Baselious Christian College Of ... on 20 May, 2013
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY,THE 7TH DAY OF OCTOBER 2013/15TH ASWINA, 1935
W.P.(C).No.11464 of 2013 (G)
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PETITIONERS:-
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1. ABEY G.ALEX, AGED 21 YEARS, S/O.G.ALEXANDER,
PARAMPILTHARAYIL, THAZHAVA.P.O., THODIYOOR VILLAGE,
KARUNAGAPPALLY TALUK, THODIYOOR KARA, KOLLAM DISTRICT.
(6TH SEMESTER MECHANICAL ENGINEERING STUDENT,
MAR BASELIOS CHRISTIAN COLLEGE OF ENGINEERING AND TECHNOLOGY,
KUTTIKKANAM, PEERMADE).
2. SANAL.K.NELSON, AGED 20 YEARS, S/O.K.A.NELSON,
KOLABHAGATH HOUSE, PADINJAREVAZHI KARA,
THORIPERUMTHURA VILLAGE, MAVELIKKARA TALUK,
ALAPPUZHA DISTRICT
(6TH SEMESTER ELECTRICAL ENGINEERING STUDENT,
MAR BASELIOS CHRISTIAN COLLEGE OF ENGINEERING AND TECHNOLOGY,
KUTTIKKANAM, PEERMADE).
3. JOBIN.G.MATHEW, AGED 21 YEARS, S/O.GEORGE MATHEW,
EDANATTIL MATHEWS VILLA, KIDANGOOR KARA, ARANMULA VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT
(6TH SEMESTER ELECTRICAL AND ELECTRONICS ENGINEERING STUDENT,
MAR BASELIOS CHRISTIAN COLLEGE OF ENGINEERING AND TECHNOLOGY,
KUTTIKKANAM, PEERMADE).
4. SHAHBAS SHUKOOR.V.P, AGED 22 YEARS, S/O.V.P.ABDUL SHUKKOOR,
VALIYAPARAMPIL HOUSE, EDAYOOR KARA, EDAYOOR VILLAGE,
THIROOR TALUK, MALAPPURAM DISTRICT
(6TH SEMESTER MECHANICAL ENGINEERING STUDENT,
MAR BASELIOS CHRISTIAN COLLEGE OF ENGINEERING AND TECHNOLOGY,
KUTTIKKANAM, PEERMADE).
BY ADV. SRI.BIJU.C. ABRAHAM.
W.P.(C).NO.11464 OF 2013 - 2 -
RESPONDENTS:-
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1. MAR BASELIOUS CHRISTIAN COLLEGE OF ENGINEERING AND TECHNOLOGY,
KUTTIKKANAM, PEERMADE, IDUKKI DISTRICT - 685 531,
REPRESENTED BY ITS DIRECTOR.
2. THE PRINCIPAL,
MAR BASELIOS CHRISTIAN COLLEGE OF ENGINEERING AND TECHNOLOGY,
KUTTIKKANAM, PEERMADE, IDUKKI DISTRICT - 685 531.
3. MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILL, KOTTAYAM,
REPRESENTED BY ITS REGISTRAR, PIN - 686 605.
4. THE CIRCLE INSPECTOR OF POLICE,
PEERMADE, IDUKKI DISTRICT - 685 531.
* ADDITIONAL RESPONDENTS 5 TO 7 IMPLEADED:
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ADDL.R5. THE CHAIRMAN,
BOARD OF ADJUDICATION OF STUDENTS' GRIEVANCES,
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
KOTTAYAM - 686 685.
ADDL.R6. THE VICE CHANCELLOR,
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
KOTTAYAM.
ADDL.R7. THE CONTROLLER OF EXAMINATIONS,
MAHATMAGANDHI UNIVERSITY, PRIYADARSHINI HILLS,
KOTTAYAM.
*[ADDITIONAL RESPONDENTS 5 TO 7 ARE IMPLEADED AS PER ORDER
ON I.A.NO.6546 OF 2013 DATED 20.05.2013].
R2 BY ADV. SRI.GEORGE JACOB (JOSE)
R3, R5, R6 & R7 BY STANDING COUNSEL DR.P.LEELAKRISHNAN.
R4 BY SENIOR GOVERNMENT PLEADER SRI.T.RAMAPRASAD UNNI.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07-10-2013, ALONG WITH W.P.(C).NO.24154 OF 2013-T, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:-
WP(C).No.11464 OF 2013-G
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APPENDIX
PETITIONERS' EXHIBITS:-
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EXHIBIT P1 TRUE COPY OF THE SHOW CAUSE NOTICE NO MBC/101/159/13/2013-14
DATED 15-03-2013 ISSUED TO THE IST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE SHOW CAUSE NOTICE NO MBC/101/160/13/2013-14
DATED 15-03-2013 ISSUED TO THE 2ND PETIIONER.
EXHIBIT P3 TRUE COPY OF THE SHOW CAUSE NOTICE NO MBC/101/158/13/2013-14
DATED 15-03-2013 ISSUED TO THE 3RD PETIIONER .
EXHIBIT P4 TRUE COPY OF THE SHOW CAUSE NOTICE NO MBC/101/161/13/2013-14
DATED 15-03-2013 ISSUED TO THE 4TH PETIIONER.
EXHIBIT P5 TRUE COPY OF THE REPLY DATED 27-03-2013 SUBMITTED BY
THE IST PETITIONER TO EXHIBIT P1 SHOW CAUSE NOTICE.
EXHIBIT P6 TRUE COPY OF THE REPLY DATED 27-03-2013 SUBMITTED BY THE
2ND PETITIONER TO EXT P2 SHOW CAUSE NOTICE.
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 27-03-2013 SUBMITTED BY THE
3RD PETITIONER TO EXT P3 SHOW CAUSE NOTICE.
EXHIBIT P8 TRUE COPY OF THE RPLY DATED 27-03-2013 SUBMITTED BY THE
4TH PETITONER TO EXT P4 SHOW CAUSE NOTICE.
EXHIBIT P9 TRUE COPY OF THE STAEMENT GIVEN BY THE ALLEGED VICTIMS.
EXHIBIT P10 TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT OF FEE
BY THE 1ST PETITIONER.
EXHIBIT P10(a) TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT OF FEE
BY THE 2ND PETITIONER.
EXHIBIT P10(c) TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT OF FEE
BY THE 3RD PETITIONER.
EXHIBIT P10(d) TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT OF FEE
BY THE 4TH PETITIONER.
EXHIBIT P11 TRUE COPY OF ORDER DATED 6.5.2013 ISSUED BY THE 2ND
RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P11(a) TRUE COPY OF ORDER DATED 6.5.2013 ISSUED BY THE 2ND
RESPONDENT TO THE 2ND PETITIONER.
WP(C).No.11464 OF 2013-G
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EXHIBIT P11(b) TRUE COPY OF ORDER DATED 6.5.2013 ISSUED BY THE 2ND
RESPONDENT TO THE 3RD PETITIONER.
EXHIBIT P11(c) TRUE COPY OF ORDER DATED 6.5.2013 ISSUED BY THE 2ND
RESPONDENT TO THE 4TH PETITIONER.
EXHIBIT P12 TRUE COPY OF THE APPEAL SUBMITTED BY THE 1ST PETITIONER
(EXCLUDING ANNEXURE).
EXHIBIT P12(a) TRUE COPY OF THE APPEAL SUBMITTED BY THE
2ND PETITIONER (EXCLUDING ANNEXURE).
EXHIBIT P12(b) TRUE COPY OF THE APPEAL SUBMITTED BY THE
3RD PETITIONER (EXCLUDING ANNEXURE).
EXHIBIT P12(c) TRUE COPY OF THE APPEAL SUBMITTED BY THE
4TH PETITIONER (EXCLUDING ANNEXURE).
RESPONDENTS' EXHIBITS:-
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EXHIBIT R2(a) TRUE COPY OF THE ORDER DATED 6.5.2013 ISSUED TO THE
FIRST PETITIONER.
EXHIBIT R2(b) TRUE COPY OF THE ORDER DATED 6.5.2013 ISSUED TO THE
SECOND PETITIONER.
EXHIBIT R2(c) TRUE COPY OF THE ORDER DATED 6.5.2013 ISSUED TO THE
THIRD PETITIONER.
EXHIBIT R2(d) TRUE COPY OF THE ORDER DATED 6.5.2013 ISSUED TO THE
4TH PETITIONER.
( TRUE COPY )
K. Vinod Chandran, J.
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W.P.(C).Nos.11464 of 2013-G & 24154 of 2013-T
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Dated this the 07th day of October, 2013
JUDGMENT
Both these writ petitions are filed by four students of the 1st respondent-College, studying for the B.Tech Engineering course commenced in the year 2010-11. For the sake of convenience, I shall refer to the parties and documents as arrayed in W.P.(C).No.11464/2013.
2. While the petitioners were doing the 6th Semester, they were involved in some incident, wherein they were alleged to have indulged in ragging the junior students. Show cause notices were issued to them, as is evident from Exhibits P1 to P4, to which they submitted Exhibits P5 to P8 reply. The petitioners were all suspended on the above allegations on 15.03.2013. An Enquiry Commission was appointed, which found the students guilty of the alleged incident and the matter was placed before the College Council. The College Council in fact summoned other students, who were victims in the alleged incident and also witnesses to the alleged incident. The petitioners also admitted to WP(C).Nos.11464 of 2013-G - 2 - 24154 of 2013-T the incident before the College Council. However, later, before the Principal the petitioners contended that they were in fact forced to give such admission before the College Council. In any event, on an examination of the entire matter, the Principal found each of the petitioners guilty of the acts alleged against them and issued Exhibit P11 series of orders against all of them, debarring them from attending the College for one year. It is not for the sole reason of admission made before the College Council that the Principal passed such order. The entire issue was considered elaborately. The challenge in the writ petition is against Exhibit P11 series and the petitioners also contend that an appeal, Exhibit P12, was filed before the Board for Adjudication of Students' Grievances, who is the Additional 5th respondent herein.
3. In fact W.P.(C). No.11464 of 2013 was filed when the 6th Semester examinations were anticipated, along with some supplementary examinations. The petitioners moved an interim application for permission to appear in the said examinations. This Court, by an interim order dated 26.04.2013 directed acceptance of examination fees from the petitioners provisionally; subject to further orders in the writ petition. It is contended that there was some confusion with respect to the implementation of the interim WP(C).Nos.11464 of 2013-G - 3 - 24154 of 2013-T order and eventually by interim order dated 20.05.2013 all the petitioners were permitted to appear for the examinations and they did so; but for one single paper. It is also to be specifically noticed that such appearance in the examination was only provisional. Definitely, it would be subject to result of the writ petition and subject to entitlement of the petitioners to sit for such examination, which necessarily has to be decided in the appeal pending before the Additional 5th respondent.
4. In fact, while the writ petition was pending, the next supplementary examinations for the 3rd and 5th Semesters were scheduled. Though the petitioners were in the 6th Semester, they had not cleared the papers in the earlier semesters; they sought for admission to the said examinations also, provisionally, by yet another writ petition, numbered as W.P.(C).24154 of 2013. When the matter was posted for admission, on the submission made by the learned counsel for the respondents both the writ petitions were posted, since the students were allowed to write the earlier examinations provisionally subject to the result of the writ petition. The provisional permission granted cannot be extended for all time, since it would cause serious heart-burn to the students, if eventually the writ petition is dismissed. Neither can the appeal WP(C).Nos.11464 of 2013-G - 4 - 24154 of 2013-T filed before the Additional 5th respondent be kept pending, allowing the provisional admission of students to examinations, since the entitlement itself would have to be decided in appeal.
5. In the context of what is stated above, it would not be in the interest of either parties or with respect to the issue at large to keep the matter pending while students are permitted provisionally to appear in the examinations. Ragging of junior students is prevalent in the academic institutions of the country, against which this State has come forward by enacting the Kerala Prohibition of Ragging Act, 1998, making penal provisions for offences relating to commission of such acts. It is also submitted by the learned counsel for the respondent-College that in fact AICTE Regulations also severely come down on such activities by the senior students on the junior students. In any event, in the context of the pending appeal, this Court refrains from making any comments on the particular incident alleged in the above writ petition.
6. Permission for provisional admittance to the supplementary examinations now scheduled, made in W.P.(C). No.24154 of 2013, cannot be permitted, since the petitioners have not made any effort to get the appeal disposed of after filing of the WP(C).Nos.11464 of 2013-G - 5 - 24154 of 2013-T same before the Additional 5th respondent. In fact, the statement filed by the learned Standing Counsel for the University would indicate that two sittings of the Additional 5th respondent-Board convened to adjudicate the complaint of the petitioners, on 27.06.2013 and 15.07.2013 respectively, were not attended to by the petitioners. While no communication was addressed to the Board on 27.06.2013, on 13.07.2013 the petitioners requested for postponing the hearing. In the context of the petitioners themselves having sought for adjournments before the appellate authority, this Court cannot invoke the principles of equity in granting provisional admittance to the supplementary examinations now scheduled.
7. Looking at the records produced herein as also the averments made, this Court deems it fit that W.P.(C).No.11464 of 2013 be disposed of with directions. W.P.(C).No.24154 of 2013, on the reasoning stated above, is not liable to be entertained and is dismissed. W.P.(C).No.11464 of 2013 is disposed of directing the Additional 5th respondent-Board to expeditiously consider the appeal subject, of course, to the petitioners co-operating in the same. Needless to say that the 1st respondent-College also shall be heard while the Additional 5th respondent-Board convenes WP(C).Nos.11464 of 2013-G - 6 - 24154 of 2013-T sittings for the disposal of the appeal. To avoid any unnecessary delay, it is directed that the petitioners as also the authorized representative of the 1st respondent-College shall appear before the Vice-Chancellor's Office at 11.00 a.m. on 17.10.2013, when intimation of the sitting of the Board shall be given to both the parties. The result of the examinations already attempted by the petitioners provisionally shall be subject to the result of final orders in the appeal and any challenge made thereon.
W.P.(C).No.11464 of 2013 is disposed of with the above observations. W.P.(C).No.24154 of 2013 is dismissed. No costs.
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K.Vinod Chandran Judge.
vku/-
(true copy)