Kerala High Court
Muhammed Suhfin S vs Director on 5 April, 2022
WP(C) NO. 465 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 465 OF 2022
PETITIONER/S:
1 MUHAMMED SUHFIN S,
AGED 23 YEARS
S/O. SAIDHUMAN, 15TH BATCH, MBBS COURSE STUDENT,
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE, JUBILEE MISSION P.O, THRISSUR-680 005,
RESIDING AT 'ARITA MANZIL' PALLIMUKKU, ALAMCODE
P.O, THIRUVANANTHAPURAM-695 102
2 ADHARSH K. SURESH,
AGED 23 YEARS
S/O. SURESH K.C., 15TH BATCH, MBBS COURSE STUDENT,
JUBILLE MISSION MEDICAL COLLEGE AND RESEARCH
INSITUTE, JUBILEE MISSION P.O, THRISSUR 680 005,
RESIDING AT KANNAN KEERAN HOUSE, THIRUVATHIRA,
CHAVAKKAD P.O, THRISSUR 680 506.
3 KEN DE SAM,
AGED 25 YEARS
S/O. SAM K. DANIEL, 15TH BATCH, MBBS COUSE STUDENT,
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE, JUBILEE MISSION P.O, THRISSUR-680 005,
RESIDING AT KEERY PLACKAL HOUSE, WALKOM, MECHAL
P.O, KOTTAYAM DISTRICT-686 652
BY ADVS.
N.SUKUMARAN (SR.)
S.SHYAM
N.K.KARNIS
V.K.BALACHANDRAN
VINAY KUMAR VARMA
DRISHYA K.PRAKASH
RESPONDENT/S:
WP(C) NO. 465 OF 2022 2
1 DIRECTOR,
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE , JUBILEE MISSION P.O, THRISSUR 680 005.
2 PRINCIPAL,
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
INSTITUTE, JUBILEE MISSION P.O, THRISSUR 680 005.
BY ADVS.
KURIAN GEORGE KANNANTHANAM (SR.)
TONY GEORGE KANNANTHANAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 465 OF 2022 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.465 of 2022
--------------------------------------
Dated this the 5th day of April, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) Call for the records relating to Exts.P1 to P4 from the
Respondents and quash Exts.P2 and P3 by the issue a writ of
certiorari or other appropriate writ, direction or order;
(ii) Issue a writ of mandamus commanding the Respondents
to permit the Petitioners to continue their course of study in
the 15th Batch MBBS Course in the College and permit them to
sit for the examinations ignoring the suspension and
punishments awarded to them pursuant to Exhibits-P2 and P3;
and
(iii) Such other reliefs which in the circumstances of this case
this Hon'ble Court deems fit." [SIC]
2. The petitioners are the students of the 15 th Batch
MBBS Course in the Medical College of which the
respondents 1 and 2 are the Director and Principal. The writ
petition is filed against the punishment imposed by the 2 nd
respondent on the petitioners for the alleged acts of ragging.
When this writ petition came up for consideration, the Senior
Counsel who is instructed to appear for the respondents
fairly submitted that if the petitioners are ready to do certain
things which is mentioned in the statement dated
01.04.2022, the respondents will do the needful, in
accordance to law based on the condition mentioned in that
statement. The Senior Counsel, who appeared for the
petitioners also submitted that the petitioners will obey the
directions mentioned in the statement dated 01.04.2022. It
will be better to extract the relevant portion of the statement
dated 01.04.2022.
"6. The management and the Principal are prepared to
bring down the rigour of the punishments imposed on the
petitioners.
(i) The amounts directed to be paid to the Chief Minister's
Relief fund and the further direction to offer their services in
any good palliative care centers, would be completely waived.
(ii) The suspension imposed on the petitioners would be
reduced on a case to case basis.
7. But this will be subject to the petitioners complying
with the following conditions:
(i) Each one of the petitioners along with his parent
(father)
should give a representation to the Director of the College,
expressing their regret over what happened and both of
them undertaking and assuring future good conduct of the
student, during the remaining period of his study in the
college. The representation should also request for a
sympathetic approach in the matter and a reduction of the
penalties imposed.
(ii) All the petitioners should appear before the batch in
which the victims study and express their unconditional
apology to the victims in that limited public.
8. The Principal will inform the time and place of such
assembly (mostly in their class room) for the petitioners to
offer their apology.
9. Appropriate orders will be passed thereafter."'
3. The Senior Counsel appearing for the petitioners
submitted that one of the petitioner's father is not in station
and that petitioner's mother will appear before the authority
concerned. The Senior Counsel appearing for the
respondents fairly submitted that there may not be any
problem if the mother appear before the authority.
Therefore, in tune with the above conditions mentioned in
paragraph Nos. 6 and 7 which is extracted above, the
respondents will do the needful in accordance to law.
Therefore, this writ petition is disposed of directing the
petitioners to do the needful as stated in the statement dated
01.04.2022 within three weeks and thereafter, the
consequential order will be passed by the respondents within
two weeks.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 465/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SUSPENSION ORDER DATED
18.11.2021 OF THE 2ND RESPONDENT
SUSPENDING THE 1ST PETITIONER FROM THE
COLLEGE.
Exhibit P2 TRUE COPY OF THE ENQUIRY REPORT OF THE
COMMITTEE DATED 29.11.2021 (WRONGLY SHOWN
AS 29.11.2011).
Exhibit P3 TRUE COPY OF ORDER DATED 30.11.2021
ISSUED BY THE 2ND RESPONDENT IMPOSING
PENALTY ON THE PETITIONERS AND OTHERS.
Exhibit P4 TRUE COPY OF THE ORDER DATED 02.12.2021
ISSUED BY THE 2ND RESPONDENT TO THE 1ST
PETITIONER IMPOSING PUNISHMENT ON THE 1ST
PETITIONER.
Exhibit P5 TRUE COPY OF REPORT DATED 01.12.2021 BY
THE 2ND RESPONDENT TO STATION HOUSE
OFFICER, THRISSUR EAST POLICE STATION.
Exhibit P6 TRUE COPY OF F.I.R IN CRIME NO. 2051/2021
OF THRISSUR EAST POLICE STATION.
Exhibit P7 TRUE COPY OF DISCHARGE SUMMARY REGARDING
TREATMENT OF MR. REJOSH REJI ISSUED BY
DR. NAVIEN ISSAC JOHN.
