IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 24086 OF 2022
PETITIONERS:
1 SEBIN BOSE V.D, AGED 23, S/O VIJAYABOSE, 9TH SEMESTER,
61ST MBBS ADDL. BATCH, GOVERNMENT MEDICAL COLLEGE,
KOZHIKODE, RESIDING AT RITHUS, OLATHANNI,
NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695121.
2 SREESIL HARIRAG C.P., AGED 24, S/O SUSEELA,
9TH SEMESTER, 61ST MBBS ADDL. BATCH, GOVERNMENT MEDICAL
COLLEGE, KOZHIKODE, RESIDING AT KUNNATH HOUSE,
KOTTAPPURAM, ANTHIYOORKUNNU P.O., MALAPPURAM - 673637.
BY ADVS.R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENTS:
1 PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
MEDICAL COLLEGE JUNCTION, 17, MAVOOR ROAD,
NEAR POLICE STATION, KOZHIKODE - 673008.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE.P.O.,
THRISSUR -680596.
BY ADV SHRI.P.SREEKUMAR, SC,
KERALA UNIVERSITY OF HEALTH SCIENCES
SMT PARVATHY K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24086 OF 2022
2
JUDGMENT
The petitioners have been found guilty of having engaged in ragging and were suspended from the Government Medical College - where they are studying - for a period of six months from 13.07.2022. They say that a final decision by the competent Committee has not been yet taken and therefore, that they are entitled to appear for the internal examinations, commencing from 30.07.2022, as notified by the College.
2. On hearing Sri.R.T.Pradeep - learned counsel for the petitioners, on the afore lines, I asked the learned Government Pleader
- Smt.Parvathy K., as to the factual status of the allegations against the petitioners and she explained that they have been found guilty of causing injury to a junior student in the WP(C) NO. 24086 OF 2022 3 premises of the hostel. She added that when Ext.P1 clearly says that they are suspended from "attending classes and academic privileges", they cannot appear for the examinations either.
3. Sri.P.Sreekumar - learned Standing Counsel for the 2nd respondent - University, submitted that the proceedings against the petitioners, under the Kerala Prohibition of Ragging Act, 1998 (hereinafter referred to as "Act" for short), was issued by the College; and that the University has now received a report. He submitted that since the petitioners have been imposed with some detriment, it is for them to challenge it appropriately under the provisions of the "Act".
4. At this time, Sri.R.T.Pradeep intervened to say that his clients certainly intend to challenge Ext.P1 through the applicable Statutory Scheme, but sought WP(C) NO. 24086 OF 2022 4 indulgence for his clients to appear for the internal examinations to commence on 30.07.2022.
5. I have gone through Ext.P1, as also the minutes of the "Anti Ragging Committee", constituted by the College - a copy of which has been handed over across the Bar by Smt.Parvathy K. The allegations against the petitioners are very specific and they have been imposed with a punishment of suspension, as mentioned above.
6. When the punishment imposed on the petitioners as suspension from "attending classes and academic privileges", certainly a question arises as to whether the petitioners can be allowed to write the examinations. In fact, as has already been recorded above, the submission of Smt.Parvathy K. is that writing the examinations is part of the academic privileges.
WP(C) NO. 24086 OF 2022 5
7. I have no doubt that the afore contention of Smt.Parvathy K. is on firm ground, but it also requires to be borne in mind that petitioners have an appellate remedy against the punishment, which may or may not end in their favour. Therefore, until such time as they are able to invoke such remedies and obtain orders, it will be unfair to keep them away from the examinations, since it would cause irreparable prejudice, which will run even beyond the period of six months mentioned in Ext.P1.
8. I am, therefore, of the firm view that petitioners must be allowed to appear for the internal examinations provisionally, but subject to the decision to be taken in this regard by the appropriate Authority of the University, before which the petitioners must seek permission without any further delay.
9. However, since the examinations are WP(C) NO. 24086 OF 2022 6 scheduled on 30.07.2022, I am of the view that this Court must offer the petitioners' some indulgence, subject to the decision to be taken, as I propose ut infra.
Resultantly, this writ petition is ordered with the following directions:
a) The petitioners will approach the competent Authority of the University against Ext.P1 or any other order issued by the "Anti Ragging Committee" under the provisions of the "Act"; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, same shall be considered by the said Authority, within a period of one month thereafter.
b) In the meanwhile, subject to the afore decision, the petitioners will be allowed to appear for the examinations scheduled on 30.07.2022 or any other examinations they would be entitled to, but for the afore punishment, WP(C) NO. 24086 OF 2022 7 provisionally. The results of the same, however, shall be declared only in conformity with the decision to be taken by the competent Authority of the University in terms of (a) above.
c) It goes without saying that since the order of suspension is still in force against the petitioners, they will enter the campus of the College only for the purpose of the examinations and will not go to any other place therein, which shall be confirmed and ensured by the Principal through the competent Officers/staff under him.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 24086 OF 2022 8 APPENDIX OF WP(C) 24086/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER OF SUSPENSION DATED 13.7.2022 OF PETITIONERS BY 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE OFFICE ORDER DATED 13.5.2022 REGARDING THE RE-SCHEDULE OF PRACTICAL EXAMINATION AND THEORY EXAMINATION OF 9TH SEMESTER OF 61ST ADDITIONAL MBBS BATCH STUDENTS.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF 1ST PETITIONER DATED 20.7.2022 BEFORE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION OF 2ND PETITIONER DATED 23.7.2022 BEFORE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE