Kerala High Court
Acel Joe Varghese vs State Of Kerala on 2 July, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:48024
WP(C) NO. 23121 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(C) NO. 23121 OF 2025
PETITIONER/S:
1 ACEL JOE VARGHESE
AGED 21 YEARS
S/O GEORGE JOSEPH PAYYAPPILLY HOUSE, CHERANELLORE P.O.,
ERNAKULAM, PIN - 682034
2 GEORGE DOMINIC
AGED 19 YEARS
S/O AJI DOMINIC, 279 OPPOSITE TO PEARL NEST, APPARTMENTS,
SRINIVASA REDDY LAYOUT, AECS LAYOUT, KUNDALAHALLI,
BANGALORE, PIN - 560037
3 ATHUL THOMAS K
AGED 23 YEARS
S/O K T PAUL, KONNOTH HOUSE, WATERLAND ROAD, PALLURUTHY,
KOCHI, PIN - 682006
4 AFIYAN MOHAMMED ABHIJIT
AGED 20 YEARS
S/O M M ABHIJIT, MANADATH (H), THAIKKATUKARA. P O, ALUVA,
ERNAKULAM., PIN - 683106
5 AGNELO MIKEL SUNIL
AGED 19 YEARS
S/O K J SUNIL, KAKKANATTU (H), MELAMPARA P O,
BHARANANGANAM, PALA, KOTTAYAM., PIN - 686578
6 ADHNAN T,
AGED 23 YEARS
S/O ABDULLA T, THACHMPATTA (H), VETTATHUR P O,
MALAPPURAM., PIN - 679326
7 SHADIN ABIDEEN
AGED 24 YEARS
2025:KER:48024
WP(C) NO. 23121 OF 2025
2
S/O ZAINAL ABIDEEN, POOKADAN (H), KODUR P O, THANIKKAL
MALAPPURAM., PIN - 676504
8 PRANAV MANI
AGED 20 YEARS
S/O OF MANI P K, SRIPRANAVAM (H) IRINGAPURAM, THIRUVAYOOR
P O THISSUR, PIN - 680103
9 VAISHNU P S
AGED 20 YEARS
S/O P T SHAJU, POOVATHINKOL (H), PATHIRIYAL P O,
THIRUVALI, MALAPPURAM, PIN - 676123
10 AKHILESH K S
AGED 23 YEARS
S/O SURESH K V, KARANCHERRY PARAMBIL HOUSE, SRINGAPURAM
,KODUGALLUR P O., THRISSUR, PIN - 680664
BY ADVS.
SRI.S.KRISHNAMOORTHY
SMT.SNEHA ROSE
SMT.P.S.ARUNA
SRI.D.SREEKUMAR (KALAMASSERY)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, THE MINISTRY OF HEALTH & FAMILY
WELFARE GOVT.SECRATARIATE, TRIVANDRUM, PIN - 695001
2 THE DIRECTOR OF MEDICAL EDUCATION
O/O DIRECTORATE OF MEDICAL EDUCATION MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695011
3 THE KERALA UNIVERSITY OF HEALTH SCIENCES
REP BY REGISTRAR MEDICAL COLLEGE P.O., THRISSUR, KERALA,
PIN - 680596
4 GOVT. MEDICAL COLLEGE
REP BY THE PRINCIPAL KOZHIKODE, KERALA, PIN - 673008
2025:KER:48024
WP(C) NO. 23121 OF 2025
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BY ADVS.
SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.)
PARVATHY KOTTOL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:48024
WP(C) NO. 23121 OF 2025
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JUDGMENT
The petitioners are the students studying in the 2nd year MBBS of 67th Batch, who took admission in the year 2023 in the 4th respondent, Govt Medical College Kozhikode. All the petitioners were admitted to the college under the merit quota. It appears that the petitioners, along with 11 others, were found to have indulged in ragging activities in the college. Out of 26 students, 16 students could not be identified by the Anti- Ragging Committee constituted as per the UGC's Anti-Ragging Regulations.
2.The petitioners were suspended for three months from the college. However, after the suspension, they were re- admitted to the college. The revocation of the suspension order in Ext.P6 was passed by the principal of the college. The petitioners were placed under suspension on 04.02.2025. The suspension order further provided that the period of suspension is to be treated as punishment and was directed to stay away from the hostel was extended for a period of six months from the 2025:KER:48024 WP(C) NO. 23121 OF 2025 5 date of suspension.
3. The petitioners, along with other students, who were found guilty of indulging in ragging activities, were placed under strict surveillance for a period of one year, and they were warned that any misbehavior in the future on their part would be treated as a serious offence.
4.The learned counsel for the petitioner submits that because of the three-month suspension, the petitioners have fallen short of their attendance to write the regular examinations, scheduled to be held on 21.08.2025. He further submits that if extra classes are arranged, they can meet the requirement of the requisite attendance for writing the regular examination, which is to be commenced on 21.08.2025.
5.The learned counsel for the petitioner further submits that the petitioner may be put to the cost of extra classes as this court may deem it fit and proper in the facts and circumstances of the case to cover the remuneration to the teachers of the colleges for conducting the extra classes for these students.
2025:KER:48024 WP(C) NO. 23121 OF 2025 6
6.He has also drawn the attention of this court to the judgment passed by the Division Bench of the court in W.A No. 2158/2024 and connected cases, dated 10.04.2025, wherein the requirement of 80% mandatory attendance for appearing in the examination was found not mandatory for the postgraduate medical courses.
7.Ms. Parvathy Kottol, the learned Government Pleader, has vehemently opposed the submissions of the learned counsel for the petitioner and submitted that the three months suspension was a punishment for ragging activities, in which the petitioners were found to have indulged in. she further submits that allowing the petitioners to get away from the punishment by conducting extra classes for them would amount to putting premium on their misconduct. She further submits the judgment of the Division Bench in W.A No. 2158/2024 and connected cases, dated 10.04.2025, are only in respect of the postgraduate students and not for the undergraduate students. The learned Government Pleader submits that if this court directs the college 2025:KER:48024 WP(C) NO. 23121 OF 2025 7 to conduct extra classes for the petitioners by putting them on cost, it should not be treated as a precedent in future.
8.Ms. Helen Jude, the learned Standing Counsel for the University, submits that the petitioners have already been permitted to rejoin the regular second-year batch of the course. She further submits that she respectfully leaves it to this Court to pass such order as it deems fit and proper in the facts and circumstances of the case.
9.I have considered the submissions advanced.
10.This Court does not, in any manner, condone the misbehavior or misconduct of the petitioners. They are hereby warned that any future acts of misconduct shall attract grave and serious consequences, and no sympathy shall be extended to them from any quarter
11.The petitioners' suspension order has been revoked vide the order dated 14.05.2025, and they have also been permitted to study with the regular batch (67). If the extra classes are not conducted, they may fall short of the requisite attendance to 2025:KER:48024 WP(C) NO. 23121 OF 2025 8 appear for the regular examination, which is to be conducted on 21.08.2025, and that will result in the loss of an entire academic year for the petitioners.
12.The learned counsel for the petitioner has left it to this court's discretion to impose the cost on the petitioners for conducting the extra classes. Therefore, each of the petitioners is directed to pay Rs.1,00,000/- to the college within a period of seven days from today for conducting the extra classes (theory and practical) for them, so that they atleast reach near to the requisite percentage which shall make them eligible for writing the regular examination, which is to be scheduled on 21.08.2025.
13.Keeping in view the judgment passed by the Division Bench in W.A No. 2158/2024 and connected cases, dated 10.04.2025, it is noted that the said judgment was delivered in respect of the postgraduate medical students, but the principle will also follow in respect of the undergraduate students for medical courses. Despite conducting the extra classes for the 2025:KER:48024 WP(C) NO. 23121 OF 2025 9 petitioners for fall short of some percentage, that will be condoned, keeping in mind the judgment of this court in W.A No. 2158/2024 and connected cases, dated 10.04.2025, consequently, the petitioners shall be allowed to appear in the regular examinations.
14.It is clarified that the said judgment has been passed on the facts and circumstances of the present case, where the petitioners' suspension got revoked vide the order dated 14.05.2025, and therefore, the same shall not be treated as precedent for future cases.
The present writ petition is disposed of as above.
Sd/-
D. K. SINGH JUDGE SJ 2025:KER:48024 WP(C) NO. 23121 OF 2025 10 APPENDIX OF WP(C) 23121/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF SUSPENSION AS THE PROCEEDINGS OF PRINCIPAL, THE 4TH RESPONDENT DATED 4.2.2025 Exhibit P2 TRUE COPY LETTER ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 5.3.2025 Exhibit P3 TRUE COPY OF LETTER DATED 7.3.2025 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF LETTER ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 26.3.2025 Exhibit P5 TRUE COPY OF THE ORDER DATED 7. 4. 2025 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 14.5.2025 ISSUED BY THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER DATED 23.5.2025 ISSUED BY THE 3RD RESPONDENT TO 4TH RESPONDENT AS AN EMAIL COMMUNICATION Exhibit P8 TRUE COPY OF THE RECOMMENDATION ISSUED BY THE RESPONDENT DATED 9/6/2025 Exhibit P9 TRUE COPY OF THE FEE REMITTANCE ACKNOWLEDGEMENT DATED 5.6 25 ISSUED TO THE 1ST PETITIONER Exhibit P10 TRUE COPY OF THE LETTER ISSUED BY THE SHO, MEDICAL COLLEGE POLICE STATION TO 4TH RESPONDENT DATED 12.03.2025 RESPONDENT ANNEXURES Order No U.O No. Order No U.O No. 965/2025/academic/KUHS 965/2025/academic/KUH dated25.06.2025 S dated25.06.2025