Chairman, Mount Zion College Of ... vs State Of Kerala
2021 Latest Caselaw 16094 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
         TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                         WP(C) NO. 25278 OF 2012
PETITIONERS:

     1       CHAIRMAN, MOUNT ZION COLLEGE OF ENGINEERING
             AGED 62 YEARS
             KADAMMANITTA, PATHANAMTHITTA-689 649.
     2       PRINCIPAL
             MOUNT ZION COLLEGE OF ENGINEERING, KADAMMANITTA,
             PATHANAMTHITTA-689 649.
             BY ADVS.
             SRI.BABY ISSAC ILLICKAL
             SRI.ISAAC KURUVILLA ILLIKAL


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY, GOVENRMENT
             SECRETARIAT, THIRUVANANTHAPURAM. 695 001.
     2       PRINCIPAL SECRETARY
             HIGHER EDUCATION, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM. 695 001.
     3       MAHATMA GANDHI UNIVERSITY
             REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS,
             KOTTAYAM. 686 560.
             BY ADV SHRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
             SC: SURIN GEORGE IPE.
             GP IMAM GRIGORIOS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.25278/2012                         2


                                 JUDGMENT

This writ petition has been filed by the Chairman and the Principal of

Mount Zion College of Engineering, Pathanamthitta complaining of

academic activities being disrupted on account of organizational and

political activities of various student Organizations. The prayers in the writ

petition are as follows:-

"i) declare that the petitioners are entitled to ensure academic excellence and well being by taking appropriate steps including ban of political and organizational activities to prevent disruption of classes and to check indiscipline in the Mount Zion College of Engineering, Kadammanitta campus and the respondents are bound to ensdorse it by empowering and supporting the petitioners;

ii) issue a writ of mandamus or any other writ, direction of order directing the respondents 1 & 2 to assure necessary support and protection to the Mount Zion College of Engineering, Kadamanitta for maintaining academic excellence and discipline as well as peaceful atmosphere in the institution.

iii) issue such other writ order or direction as deemed by this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2. When this matter came up for consideration, it is submitted by

the learned counsel for the petitioners that the very same issue had engaged

the attention of a Division Bench of this Court in M.E.S. Ponnani

College v. Debashish Kumar Behra and others; 2017 (5) KHC 13

(DB) (a Contempt Case arising out of the order in W.P.(C)No.28239/2017),

where this Court observed as follows:-

"5. We accordingly order that if any student is found to be resorting to and/or enforcing Dharna, strike or disruption of academic atmosphere of any college, the Principal or the authorities of the institution would have a right to rusticate them, for these are no means to ventilate their grievance. If called upon by the college authorities, the police would be under an obligation to assist the authorities in maintaining peace and quiet and orderly conduct of academics in the college premises. It is also made clear that all pickets, tents, stalls, set up in and around the college campus or in its immediate vicinity for facilitating Dharna, hunger strike etc., be forthwith removed by the police and the area be maintained free of such Dharnas, huger strike or any such obstructions."(para 5 of the report)

It is also submitted that, thereafter, the issue was considered by a learned

single Judge of this Court in Prof. Raju Kuruvila and others v. State

of Kerala and others; 2020 (2) KHC 153, where this Court held as

follows:-

"20. In the result, it is declared that organizations of students do not have any right to disrupt or disturb the academic and other activities of students who do not want to partake in their strikes and agitation, or any right to compel such students to forego the aforesaid activities in their campuses. Similarly, it is also declared that organizations of students do not have any right to convene any meetings and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses for expressing their protests or dissent on any issues, political or otherwise, or for enforcement of their rights. It is also declared that it is the obligation of the police to ensure that the fundamental rights of the students to pursue their academics in the campuses are not thwarted by anyone, including organizations of students. It is, however, made clear that this judgment will not preclude the students from voicing their opinion on political issues and redressing their grievances by recourses to the various forums meant for the same in terms of the statutes and executive orders. Similarly, it is also made clear that this judgment will not preclude the competent authorities from introducing appropriate forums in the campuses for the students to voice their opinion on political issues and for redressal of their grievances in accordance with law, if the existing forums are not sufficient for the same. The writ petitions, in the circumstances, are disposed of making the interim orders passed in the matters absolute." (para 20 of the report)

It is therefore submitted that this writ petition may also be disposed of in

the same manner.

3. Having heard the learned counsel for the petitioner, the

learned Government Pleader appearing for respondents 1 and 2 and the

learned Standing Counsel appearing for the 3 rd respondent and considering

the fact that the issue has already engaged the attention of this Court in the

aforesaid judgments, I deem it appropriate to dispose of this writ petition

directing that the orders issued by this Court in Paragraph 5 of M.E.S.

Ponnani College v. Debashish Kumar Behra and others

(extracted supra) and in paragraph 20 0f Prof. Raju Kuruvila and

others v. State of Kerala and others (extracted supra) will apply

and govern this case also. The writ petition will stand disposed of

accordingly.

Sd/-

GOPINATH P.

JUDGE

hmh

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE REQUEST FOR POLICE PROTECTION DATED 22.02.2012

EXHIBIT P2 PHOTOCOPY OF THE NOTICE PUBLISHED BY THE 2ND PETITIONER DATED 23.02.2012

EXHIBIT P3 PHOTOCOPY OF THE COMPLAINT RECEIVED FROM THE COLLEGE UNION DATED 28.03.2012

EXHIBIT P4 PHOTOCOPY OF THE REQUEST MADE BY THE 2ND PETITIONER FOR POLICE PROTECTION DATED 29.03.2012 EXHIBIT P5 PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C0 8339/2012 DATED 11.04.2012

EXHIBIT P6 PHOTOCOPY OF THE NEWS REPORT IN MALAYALA MANORAMA DAILY DATED 24.02.2012

EXHIBIT P7 PHOTOCOPY OF THE NEWS REPORT PUBLISHED IN DECCAN CHRONICLE DAILY DATED 07.09.2012

EXHIBIT P8 PHOTOCOPY OF THE ORDER DATED 27.09.2012 IN WPC NO.22481/2012

PETITIONER'S EXHIBITS: NIL