Principal, Muslim Association College ... vs Kerala State Youth Commission

Kerala High Court

Principal, Muslim Association College ... vs Kerala State Youth Commission on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                         WP(C) NO. 4862 OF 2015
PETITIONER:

             PRINCIPAL,
             MUSLIM ASSOCIATION COLLEGE OF ENGINEERING
             VENJARAMOODU, THIRUVANANTHAPURAM.

             BY ADVS.
                  SRI.P.A.AHAMMED
                  SRI.THOUFEEK AHAMED



RESPONDENTS:

     1       KERALA STATE YOUTH COMMISSION
             REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN,
             THIRUVANANTHAPURAM -695 033.

     2       RIYAS P. NAZAR,
             S/O P. NAZAR,
             PALAYAM PARAMBIL, VATTAKAYAM,
             ERATTUPETTA PO, KOTTAYAM DISTRICT-686 121

             BY ADVS.
                  SRI.SAIJO HASSAN (FOR R2)
                  SRI.BENOJ C AUGUSTIN
                  SMT.J.KASTHURI
                  SRI.NAGARAJ NARAYANAN
                  SRI.PRATHAP PILLAI
                  SRI.SEBIN THOMAS
                  SRI.VIVEK V. KANNANKERI
                  SRI.VISHNU BHUVANENDRAN
                  SRI.VENUGOPAL V. (GP)




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.4862/2015                 2




                          JUDGMENT

The petitioner is the Principal of the Muslim Association College of Engineering, Venjaramoodu, Thiruvananthapuram. Disciplinary proceedings were initiated against four students of the College, including the 2nd respondent, in the year 2014. The students were expelled from the College and they were issued with Transfer Certificates. The students approached the 1st respondent by filing a complaint. However, the same was pursued only by the 2nd respondent. The 1st respondent, by Ext.P4 proceedings, issued 'directions' to the College for permitting the 2nd respondent to continue studies, and if the 2nd respondent voluntarily accepts the expulsion, to refund an amount of Rs. 35,000/-, which is the tuition fee paid for the 7th and 8th semesters.

2. The learned counsel for the petitioner would submit that a perusal of the provisions of the Kerala State Youth Commission Act, 2014 (hereinafter referred W.P.(C)No.4862/2015 3 to as 'the Act') and in particular Sections 9 and 10 would indicate that the 1st respondent has no authority to issue any direction as in Ext.P4.

3. The learned counsel for the 2nd respondent would submit that the 2nd respondent had been expelled from the 1st respondent College without any just cause or reason and therefore the 1st respondent was well within its authority in making recommendations/directions as contained in Ext.P4 proceedings.

4. Heard the learned Government Pleader also.

5. Having heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the 2nd respondent, I am of the view that the authority of the 1st respondent under the provisions of the Act does not extend to the issuance of any recommendations/directions as contained in Ext.P4 order. A perusal of the functions of the Commission in Section 9 of the Act and the powers of the Commission W.P.(C)No.4862/2015 4 under Section 10 of the Act would indicate that under Section 10(4) of the Act, the 1st respondent can only communicate to the Government its recommendations for appropriate action or relief to the parties in the dispute. A reading of Ext.P4 will indicate that certain recommendations/directions have been issued to the petitioner. The 1st respondent has no authority to do so. In such circumstances, the writ petition is only to be allowed. In the result Ext.P4 is quashed. Writ petition is ordered accordingly.

Sd/-

GOPINATH P. JUDGE ats W.P.(C)No.4862/2015 5 APPENDIX OF WP(C) 4862/2015 PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC NO.22303/2014 DATED 26.9.2014 EXT.P2: TRUE COPY OF THE LETTER NO.302/A2/2014/KSYC DATED 4.9.2014 ISSUED BY THE 1ST RESPOPNDENT ALONG WITH THE COMPLAINT FILED BY THE 2ND RESPONDENT EXT.P3: TRUE COPY OF THE REPORT FILED BY THE PETITIONER DATED NIL EXT.P4: TRUE COPY OF THE ORDER NO.302/A2/14/KSYC OF THE 1ST RESPONDENT DATED 2.12.2014