Sebin Bose V.D vs Principal, Government Medical ...
2022 Latest Caselaw 9011 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                       WP(C) NO. 24086 OF 2022
PETITIONERS:

    1     SEBIN BOSE V.D, AGED 23, S/O VIJAYABOSE, 9TH SEMESTER,
          61ST MBBS ADDL. BATCH, GOVERNMENT MEDICAL COLLEGE,
          KOZHIKODE, RESIDING AT RITHUS, OLATHANNI,
          NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695121.

    2     SREESIL HARIRAG C.P., AGED 24, S/O SUSEELA,
          9TH SEMESTER, 61ST MBBS ADDL. BATCH, GOVERNMENT MEDICAL
          COLLEGE, KOZHIKODE, RESIDING AT KUNNATH HOUSE,
          KOTTAPPURAM, ANTHIYOORKUNNU P.O., MALAPPURAM - 673637.

          BY ADVS.R.T.PRADEEP
          M.BINDUDAS
          K.C.HARISH



RESPONDENTS:

    1     PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
          MEDICAL COLLEGE JUNCTION, 17, MAVOOR ROAD,
          NEAR POLICE STATION, KOZHIKODE - 673008.

    2     KERALA UNIVERSITY OF HEALTH SCIENCES,
          REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE.P.O.,
          THRISSUR -680596.

          BY ADV SHRI.P.SREEKUMAR, SC,
          KERALA UNIVERSITY OF HEALTH SCIENCES
          SMT PARVATHY K-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24086 OF 2022
                                      2



                                JUDGMENT

The petitioners have been found guilty of

having engaged in ragging and were suspended

from the Government Medical College - where

they are studying - for a period of six months

from 13.07.2022. They say that a final decision

by the competent Committee has not been yet

taken and therefore, that they are entitled to

appear for the internal examinations,

commencing from 30.07.2022, as notified by the

College.

2. On hearing Sri.R.T.Pradeep - learned

counsel for the petitioners, on the afore

lines, I asked the learned Government Pleader

- Smt.Parvathy K., as to the factual status of

the allegations against the petitioners and she

explained that they have been found guilty of

causing injury to a junior student in the WP(C) NO. 24086 OF 2022

premises of the hostel. She added that when

Ext.P1 clearly says that they are suspended

from "attending classes and academic

privileges", they cannot appear for the

examinations either.

3. Sri.P.Sreekumar - learned Standing

Counsel for the 2nd respondent - University,

submitted that the proceedings against the

petitioners, under the Kerala Prohibition of

Ragging Act, 1998 (hereinafter referred to as

"Act" for short), was issued by the College;

and that the University has now received a

report. He submitted that since the petitioners

have been imposed with some detriment, it is

for them to challenge it appropriately under

the provisions of the "Act".

4. At this time, Sri.R.T.Pradeep

intervened to say that his clients certainly

intend to challenge Ext.P1 through the

applicable Statutory Scheme, but sought WP(C) NO. 24086 OF 2022

indulgence for his clients to appear for the

internal examinations to commence on

30.07.2022.

5. I have gone through Ext.P1, as also the

minutes of the "Anti Ragging Committee",

constituted by the College - a copy of which

has been handed over across the Bar by

Smt.Parvathy K. The allegations against the

petitioners are very specific and they have

been imposed with a punishment of suspension,

as mentioned above.

6. When the punishment imposed on the

petitioners as suspension from "attending

classes and academic privileges", certainly a

question arises as to whether the petitioners

can be allowed to write the examinations. In

fact, as has already been recorded above, the

submission of Smt.Parvathy K. is that writing

the examinations is part of the academic

privileges.

WP(C) NO. 24086 OF 2022

7. I have no doubt that the afore

contention of Smt.Parvathy K. is on firm

ground, but it also requires to be borne in

mind that petitioners have an appellate remedy

against the punishment, which may or may not

end in their favour. Therefore, until such time

as they are able to invoke such remedies and

obtain orders, it will be unfair to keep them

away from the examinations, since it would

cause irreparable prejudice, which will run

even beyond the period of six months mentioned

in Ext.P1.

8. I am, therefore, of the firm view that

petitioners must be allowed to appear for the

internal examinations provisionally, but

subject to the decision to be taken in this

regard by the appropriate Authority of the

University, before which the petitioners must

seek permission without any further delay.

9. However, since the examinations are WP(C) NO. 24086 OF 2022

scheduled on 30.07.2022, I am of the view that

this Court must offer the petitioners' some

indulgence, subject to the decision to be

taken, as I propose ut infra.

Resultantly, this writ petition is ordered

with the following directions:

a) The petitioners will approach the

competent Authority of the University against

Ext.P1 or any other order issued by the "Anti

Ragging Committee" under the provisions of the

"Act"; and if this is done within a period of

two weeks from the date of receipt of a copy of

this judgment, same shall be considered by the

said Authority, within a period of one month

thereafter.

b) In the meanwhile, subject to the afore

decision, the petitioners will be allowed to

appear for the examinations scheduled on

30.07.2022 or any other examinations they would

be entitled to, but for the afore punishment, WP(C) NO. 24086 OF 2022

provisionally. The results of the same,

however, shall be declared only in conformity

with the decision to be taken by the competent

Authority of the University in terms of (a)

above.

c) It goes without saying that since the

order of suspension is still in force against

the petitioners, they will enter the campus of

the College only for the purpose of the

examinations and will not go to any other place

therein, which shall be confirmed and ensured

by the Principal through the competent

Officers/staff under him.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 24086 OF 2022

APPENDIX OF WP(C) 24086/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER OF SUSPENSION DATED 13.7.2022 OF PETITIONERS BY 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE OFFICE ORDER DATED 13.5.2022 REGARDING THE RE-SCHEDULE OF PRACTICAL EXAMINATION AND THEORY EXAMINATION OF 9TH SEMESTER OF 61ST ADDITIONAL MBBS BATCH STUDENTS.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF 1ST PETITIONER DATED 20.7.2022 BEFORE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION OF 2ND PETITIONER DATED 23.7.2022 BEFORE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE