Kerala High Court
The Principal vs State Of Kerala on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.29722 OF 2014(S)
PETITIONER:
THE PRINCIPAL
AGED 55 YEARS
S.N.COLLEGE, PUNALUR.
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 UNIVERSITY OF KERALA
REPRESENTED BY REGISTRAR, UNIVERSITY BUILDING,
PALAYAM, THIRUVANANTHAPURAM-695001.
3 DIRECTOR GENERAL OF POLICE
VAZHUTHAKAD, THIRUVANANTHAPURAM-695014.
4 THE SUB INSPECTOR OF POLICE
PUNALUR-691305.
5 STUDENTS FEDERATION OF INDIA
REPRESENTED BY SECRETARY, S.N.COLLEGE,
PUNALUR UNIT-691305.
6 KERALA STUDENTS UNION
REPRESENTED BY PRESIDENT, S.N.COLLEGE,
PUNALUR UNIT-691305.
7 ALL INDIA STUDENTS FEDERATION
REPRESENTED BY SECRETARY, S.N.COLLEGE,
PUNALUR UNIT-691305.
8 AKHILA BHARATHIYA VIDYARTHI PARISHATH
REPRESENTED BY PRESIDENT, S.N.COLLEGE, PUNALUR UNIT-
691305.
WP(C).No.29722 OF 2014(S) 2
R2 BY SRI.THOMAS ABRAHAM, STANDING COUNSEL,
UNIVERSITY OF KERALA
R1,R3 AND R4 BY SENIOR GOVERNMENT PLEADER SRI.SURIN
GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29722 OF 2014(S) 3
JUDGMENT
Dated this the 1st day of February 2021
S.MANIKUMAR,CJ
Principal, S.N.College, Punalur, affiliated to Kerala University, has sought
for the following reliefs:
i) To declare that the S.N.College, Punalur has the right to prohibit political
activities of students within the college campus and forbid students from
organizing or attending meeting other than the official ones within the
college campus.
ii) To direct the respondents 1 to 4 to implement judgment of this Hon'ble
Court reported in 2003(2)KLT 582 and 2007(1)KHC 9 in S.N.College,
Punalur.
iii) Issue a writ of mandamus directing the respondents 1 to 4 restraining the
SFT, ABVP, KSU and their associate students or anybody on their behalf
from preferring any kind of political activity within S.N.College, Punalur.
iv) Such other order as this Hon'ble Court deems fit and proper in the nature
and circumstances of the case.
2. The issue raised in this writ petition is squarely covered by a decision of
a Division Bench of this Court in Sojan Francis v. M.G. University
[2003(2)KLT582]. Relevant paragraphs are re-produced hereunder:
"12. The next question to be considered is whether the above
restriction under clause 9 would affect the fundamental rights guaranteed to
citizens including students under Art. 19(1)(a) and 19(1)(c) of the
Constitution of India. Teaching and non-teaching staff, students and the
Management have the freedom of speech and expression. Right to freedom
of speech and expression is subject to Art. 19(2) and the right to form
association or union under Art. 19(1)(c) could be restricted under Art. 19(1)
(4). State or the authorities can impose reasonable restrictions on the
ground of public order decency or morality etc. The Mahatma Gandhi
University statutes have restricted political activities by the teaching and
non-teaching staff in order to maintain discipline and efficiency in the college
and to achieve excellence in education. If the students indulge in the same
activities which are prohibited so far as teachers and non-teaching staff are
concerned, the purpose sought to be achieved; by those restriction would be
defeated. Students also therefore could be prohibited from indulging in
political activities within college campus and from organising or attending
meetings other than official ones within the college campus. This is a
reasonable restriction which does not in any way violate Art. 19(1)(a) or
19(1)(c) of the Constitution.
14. We are of the view, guideline (9) banning political activities within
the campus and forbidding the students from organizing or attending
meetings other than the official ones within the campus is not designed to
prohibit any of the fundamental rights of the students guaranteed under Art.
19(1)(a) or 19(1)(c). It is not a total prohibition of any fundamental right,
but only a reasonable restriction confined to college campus and the code of
conduct cannot be flouted in the name of any other freedom or the rights
guaranteed under Art. 19(1)(a) or 19(1)(c). Once students are admitted to
an educational institution they are bound by the code of conduct laid down
by the educational institutions through the prospectus or college calendar
and it is implicit that they should observe the code of conduct necessary for
the proper administration and management of the institution. Restrictions
are only reasonable and designed to promote discipline in the educational
institution so that the objectives of the educational institution could be
achieved and wisdom of laying down those restrictions cannot be challenged
by the student after getting admitted to the educational institution. The
right to admission not being absolute there could be regulatory measures for
ensuring educational standards and maintaining excellence in education.
Rules are made for inter discipline in the educational institution which was
made applicable equally to management, teaching staff, non-teaching staff
and the students community as a whole for its proper functioning and
maintaining discipline. Clause 9 of the General Discipline laid down by St.
Thomas College, Palai does not violate Art. 19(1)(a) or 19(1)(c) of the
Constitution of India and therefore liable to be upheld. In other words,
those restrictions are for the proper functioning of the educational institution
itself."
15.
That apart, learned counsel on record, Mr.George Mathew, submitted that
the writ petition may be dismissed as withdrawn.
Placing on record the above, the instant writ petition is dismissed as
withdrawn.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 P1: COPY OF THE ORDER IN WPC NO.36023/08
DATED 1.1.2009.
EXHIBIT P2 P2: COPY OF THE PETITION DATED 16.7.14
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT.
