Kerala High Court
Regional College Of Science And ... vs University Of Calicut on 9 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
WP(C) NO. 41133 OF 2023
PETITIONERS:
1 FASALU RAHMAN P.T.
AGED 20 YEARS
S/O BASHEER P.T.,
RESIDING AT PALANTHODI HOUSE,
MANGATTUKARA, KIZHUPARAMBU,
MALAPPURAM, PIN - 673639
2 JAZLIN ZAKI P.
AGED 21 YEARS
S/O ABDURAHIMAN P.,
RESIDING AT PARAMBAT HOUSE,
SOUTH PUTAHALAM, KAVANOOR,
ERNAD, MALAPPURAM, PIN - 673639
3 SHIBIN P.
AGED 20 YEARS
S/O MANSOOR,
RESIDING AT PERUMBILAVIL HOUSE,
THERATTAMMAL, URANGATTIRI,
MALAPPURAM, PIN - 673639
4 MUHAMMED HARIS A.K.
AGED 22 YEARS
S/O MUHAMMED A.K.,
RESIDING AT KOLOTH HOUSE, VAVOOR,
CHEKKODE, MALAPPURAM, PIN - 673645
BY ADVS.
SRI.P.M.MANOJ
P.ANTO THOMAS
HAMZATH ALI V.K.
RESPONDENTS:
1 UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR,
CALICUT UNIVERSITY PO,
MALAPPURAM, PIN - 673635
-2-
WP(C)Nos.41133 of 2023 & 42288 of 2023
2 THE VICE CHANCELLOR
UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO,
MALAPPURAM, PIN - 673635
3 BOARD FOR ADJUDICATION OF STUDENTS' GRIEVANCES (BASG)
UNIVERSITY OF CALICUT,
REPRESENTED BY DEAN OF STUDENTS' AFFAIRS,
CALICUT UNIVERSITY PO,
MALAPPURAM, PIN - 673635
4 THE REGIONAL COLLEGE OF SCIENCE AND HUMANITIES
REPRESENTED BY ITS PRINCIPAL,
HARITHAGIRI, KIZHISSERI, MUNDAMPARAMBA,
PULIYAKKODE P.O., MALAPPURAM, PIN - 676641
5 MUSTHAFA T.
AGE AND FATHER NAME NOT KNOWN TO THE PETITIONERS,
FORMER PRINCIPAL OF THE REGIONAL COLLEGE OF SCIENCE
AND HUMANITIES, HARITHAGIRI,
KIZHISSERI, MUNDAMPARAMBA,
PULIYAKKODE P.O.,
MALAPPURAM, PIN - 676641
BY ADVS.
ARJUN RAGHAVAN
C.P.SABARI
T.R.HARIKUMAR(K/000295/1992)
POOJA PANKAJ(K/924/2016)
BY SRI.P.C.SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2024, ALONG WITH WP(C).43288/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
-3-
WP(C)Nos.41133 of 2023 & 42288 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
WP(C) NO. 43288 OF 2023
PETITIONERS:
1 REGIONAL COLLEGE OF SCIENCE AND HUMANITIES
REPRESENTED BY ITS PRINCIPAL,
MUNDAMPARAMBA, P.O PULIYAKODE,
MALAPPURAM DISTRICT., PIN - 673641
2 PRINCIPAL
REGIONAL COLLEGE OF SCIENCE AND HUMANITIES,
MUNDAMPARAMBA, P.O PULIYAKODE,
MALAPPURAM DISTRICT., PIN - 673641
BY ADVS.
ARJUN RAGHAVAN
POOJA PANKAJ
T.R.HARIKUMAR
RESPONDENTS:
1 UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR,
CALICUT UNIVERSITY P.O,
MALAPPURAM., PIN - 673635
2 THE VICE-CHANCELLOR
UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P O,
MALAPPURAM., PIN - 673635
3 BOARD FOR ADJUDICATION OF STUDENTS' GRIEVANCES (BASG)
REPRESENTED BY DEAN OF STUDENTS' AFFAIRS,
CALICUT UNIVERSITY P.O,
MALAPPURAM., PIN - 673635
4 FASALU RAHMAN
AGED 20 YEARS
S/O.BASHEER P T,
-4-
WP(C)Nos.41133 of 2023 & 42288 of 2023
RESIDING AT PALANTHODI HOUSE,
MANGATTUKARA, KIZHUPARAMBU,
MALAPPURAM., PIN - 673639
5 JAZLIN ZAKI P.
AGED 21 YEARS
S/O.ABDURAHIMAN P,
RESIDING AT PARAMBAT HOUSE,
SOUTH PUTHALAM, KAVANOOR,
ERNAD, MALAPPURAM., PIN - 673639
6 SHIBIN P
AGED 20 YEARS
S/O.MANSOOR, RESIDING AT PERUMBILAVIL HOUSE,
THERATTAMMAL, URANGATTIRII,
MALAPPURAM., PIN - 673639
7 MUHAMMED HARIS A K
AGED 22 YEARS
S/O.MUHAMMED A K,
RESIDING AT KOLOTH HOUSE,
VAVOOR, CHEKKODE,
MALAPPURAM., PIN - 673639
BY ADVS.
HAMZATH ALI V.K.
P.M.MANOJ(K/2437/1999)
P.ANTO THOMAS(K/911/2009)
SMT.K.G.SAROJINI, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2024, ALONG WITH WP(C).41133/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
-5-
WP(C)Nos.41133 of 2023 & 42288 of 2023
MOHAMMED NIAS C.P., J.
---------------------
WP(C)Nos.41133 of 2023 & 42288 of 2023
---------------------------
Dated this the 9th day of February, 2024
JUDGMENT
WP(C)No.41133 of 2023 is filed by four students of the fourth
respondent college. The first petitioner joined for B Com-CA, the second
petitioner joined for BA English, and the third and fourth petitioners joined
for BBA. All the students were in the 5th semester. Based on certain
incidents that happened in the college between July 10 to 12, 2023 there
was conflict between two fractions of students near the college. On the
basis of the complaint, suspension orders were issued. Pursuant to the
enquiry that followed, all the petitioners were dismissed from the college
as per Ext.P1 order dated 2.8.2023. The petitioners had moved the Board
of Adjudication of Students Grievances (BASG), which passed Ext.P3 order
dated 10.11.2023. The Board, after hearing the complainants and the
College, found that in the incident that took place on July 10 to 12, 2023,
around 60 students were suspended from the college, except for nine
orders of suspension, all others were revoked. The petitioners, the four in
the group of nine, were dismissed from the college. The Board found that
though the incident took place just outside the college, it was very much
WP(C)Nos.41133 of 2023 & 42288 of 2023
within the college premises, and it also took note of the fact that no police
case was registered and that the suspended students were not allowed to
write the third-semester examination.
2. Considering the enquiry report and after hearing the students
and the College, the BASG took a decision by which the nine students,
including the four petitioners, were permitted to write the fifth semester as
a special case by revoking the suspension/dismissal orders.
3. WP(C)No.41133/2023 is filed by students for implementing
Ext.P3 order while WP(C)No.43288/23 is filed by the college seeking
implementation of the same order, which is marked as Ext.P23 ( Ext.P3 in
the other writ petition)
4. Learned counsel for the petitioner in WP(C)No.43288/2023 Sri.
Arjun Raghavan argues that these students had been involved in multiple
incidents even before and after and are a threat to the peaceful running of
the institution. It is stated that out of the sixty students who were
suspended following the incident from July 10th to 12th, 2023, dismissal
orders were issued only to four students which itself shows that their
presence in the college creates trouble.
5. Learned counsel for the students Sri. P.M. Manoj submits that
the incident was not inside the campus and that they are at the fag-end of
WP(C)Nos.41133 of 2023 & 42288 of 2023
their careers and dismissal at this stage would cause incalculable loss and
difficulties to them.
6. Learned counsel who appeared for the fifth respondent, the
former principal of the college against whom allegations were made, also
stoutly denied the allegations raised against him.
7. Heard learned counsel for both sides as well as the Standing
counsel for the University and perused the order passed by the Board
(BASG) for the University, which took note of the enquiry report, heard the
petitioners, as well as the college, and came to a conclusion that they were
at the fag-end of their career and depriving them a chance to appear for
the examination would vitally affect their life and career. On a reading of
Ext.P3, which is sought to be implemented in WP(C)No.41133/2023 and
which is challenged in WP(C)No.43288/2023 by the college, I do not find
any ground as such to interfere with the said order which did take note of
the rival contentions and facts noticed above. Under such circumstances,
I am not inclined to interfere with the said order of the Board. The College
will implement Ext.P3 in WP(C)No.41133/2023 within two weeks from
today on the following conditions:
1. All the petitioners in WP(C)No.41133/2023 and one of their
parents will jointly give an undertaking that they will behave
properly without creating any problem whatsoever in the campus
till the completion of the course.
WP(C)Nos.41133 of 2023 & 42288 of 2023
2. The College will be at liberty to intimate the SHO concerned in
case the petitioners indulge in any untoward activities.
3. The SHO concerned will then attend to the same and take such
appropriate measures in accordance with the law to avert any
overt acts.
4. It will be open to the petitioners to make a request to the
College/University for condonation of the shortage of attendance
and the authorities will consider the same in terms of the relevant
provisions.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
dlk/12.2.2024
WP(C)Nos.41133 of 2023 & 42288 of 2023
APPENDIX OF WP(C) 43288/2023
PETITIONERS EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE RESULTS SHEET OF THE 5TH
RESPONDENT FOR SEMESTERS 1 TO 3
EXHIBIT-P2 A TRUE COPY OF THE RESULTS SHEET OF THE 7TH
RESPONDENT FOR SEMESTERS 1 AND 2
EXHIBIT-P3 A TRUE COPY OF RESULTS SHEET OF THE 6TH
RESPONDENT FOR SEMESTERS 1 TO 3
EXHIBIT-P4 A TRUE COPY OF THE ORDER DATED 25-07-2022
ISSUED BY THE 2ND PETITIONER
EXHIBIT-P5 A TRUE COPY OF ORDER DATED 10-06-2022 ISSUED
BY THE 2ND PETITIONER TO THE 4TH RESPONDENT
EXHIBIT-P6 A TRUE COPY OF SUSPENSION ORDER DATED 27-01-
2023 ISSUED TO THE 5TH RESPONDENT
EXHIBIT-P7 A TRUE COPY OF THE PROCEEDINGS DATED 14-02-
2023 ISSUED BY THE 2ND PETITIONER
EXHIBIT-P8 A TRUE COPY OF THE SUSPENSION ORDER DATED
10-06-2022 ISSUED BY THE 2ND PETITIONER TO
THE 6TH RESPONDENT
EXHIBIT-P9 A TRUE COPY OF THE SUSPENSION ORDER DATED
06-06-2023 ISSUED BY THE 1ST PETITIONER
EXHIBIT P10 A TRUE COPY OF THE ENQUIRY COMMISSION REPORT
DATED 12-07-2022
EXHIBIT-P11 A TRUE COPY OF THE ENQUIRY REPORT DATED 07-
12-2022
EXHIBIT-P12 A TRUE COPY OF THE ENQUIRY REPORT DATED NIL
EXHIBIT-P13 A TRUE COPY OF THE ENQUIRY REPORT DATED 07-
08-2023
EXHIBIT-P13(A) A TRUE COPY OF THE ENQUIRY REPORT DATED 26-
WP(C)Nos.41133 of 2023 & 42288 of 2023
07-2023
EXHIBIT P13(B) A TRUE COPY OF THE COUNCIL MINUTES DATED 27-
07-2023
EXHIBIT-P13(C) A TRUE COPY OF THE COUNCIL MINUTES DATED 01-
08-2023
EXHIBIT-P14 A TRUE COPY OF THE DISMISSAL NOTICE DATED
02-08-2023 PUBLISHED IN THE NOTICE BOARD OF
THE 1ST PETITIONER COLLEGE
EXHIBIT-P15 A TRUE COPY OF THE STATEMENT OF THE 4TH
RESPONDENT DATED NIL
EXHIBIT-P16 A TRUE COPY OF THE STATEMENT OF THE 5TH
RESPONDENT DATED 13-07-2023
EXHIBIT-P17 A TRUE COPY OF THE STATEMENT OF THE 6TH
RESPONDENT DATED NIL
EXHIBIT-P18 A TRUE COPY OF THE STATEMENT SUBMITTED BY
THE 7TH RESPONDENT DATED 20-07-2023
EXHIBIT-P19 A TRUE COPY OF THE COMMUNICATION DATED 02-
08-2023 ISSUED TO THE FATHER OF THE 4TH
RESPONDENT
EXHIBIT-P20 A TRUE COPY OF THE COMMUNICATION DATED 02-
08-2023 ISSUED TO THE FATHER OF THE 5TH
RESPONDENT
EXHIBIT-P21 A TRUE COPY OF THE COMMUNICATION DATED 02-
08-2023 ISSUED TO THE FATHER OF THE 6TH
RESPONDENT
EXHIBIT-P22 A TRUE COPY OF THE COMMUNICATION DATED 02-
08-2023 ISSUED TO THE FATHER OF THE 7TH
RESPONDENT
EXHIBIT-P23 A TRUE COPY OF ORDER DATED 10-11-2023 ISSUED
BY THE 3RD RESPONDENT BEARING NUMBER U O NO
17402/2023/ADMN
EXHIBIT-P24 A TRUE COPY OF ORDER DATED 15-11-2023 ISSUED
BY THE 3RD RESPONDENT BEARING NUMBER U O NO
WP(C)Nos.41133 of 2023 & 42288 of 2023
17604/2023/ADMN
EXHIBIT-P25 A TRUE COPY OF THE COMMUNICATION DATED 21-
11-2023 ISSUED BY THE 2ND PETITIONER TO THE
DEAN OF 1ST RESPONDENT UNIVERSITY
EXHIBIT-P26 A TRUE COPY OF THE ENQUIRY REPORT DATED 14-
11-2023
EXHIBIT-P27 A TRUE COPY OF THE COMPLAINT DATED 27-11-
2023 SUBMITTED BEFORE THE STATION HOUSE
OFFICER, AREEKKODE
EXHIBIT-P28 A TRUE COPY OF THE NOTICE DATED 01-11-2023
ISSUED BY THE 1ST PETITIONER
WP(C)Nos.41133 of 2023 & 42288 of 2023
APPENDIX OF WP(C) 41133/2023
PETITIONERS EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DISMISSAL NOTICE DATED
02.08.2023 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE E-MAIL COMMUNICATION
ADDRESSING TO THE 4TH AND 3RD PETITIONERS SENT
BY THE 3RD RESPONDENT THROUGH G-MAIL ON
02.11.2023 AT 10.56 A.M
EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT
BASG HAVING NO. U.O. NO. 17402/2023/ADMN DATED
10.11.2023
EXHIBIT P4 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT
BASG HAVING NO. U.O. NO. 17604/2023/ADMN DATED
15.11.2023
EXHIBIT P5 A TRUE COPY OF THE TIME TABLE FOR THE 5TH
SEMESTER B.COM/BBA (CBCSS - UG)
REGULAR/SUPPLEMENTARY/ IMPROVEMENT EXAMINATION
NOVEMBER 2023 ISSUED BY THE 1ST RESPONDENT
HAVING NO. 172198/EG-I-ASST-3/2021/PB (I) DATED
03.10.2023
RESPONDENTS EXHIBITS
EXHIBIT-R4(I) TRUE COPY OF THE SUSPENSION ORDER DATED 10-06-
2022 ISSUED BY THE 4TH RESPONDENT TO THE 3RD
PETITIONER
EXHIBIT-R4(F) TRUE COPY OF THE ENQUIRY REPORT DATED NIL
EXHIBIT-R4(A) TRUE COPY OF THE RESULTS SHEET OF THE 2ND
PETITIONER FOR SEMESTERS 1 TO 3
EXHIBIT-R4(B) TRUE COPY OF THE RESULTS SHEET OF THE 4TH
PETITIONER FOR SEMESTERS 1 AND 2
EXHIBIT-R4(C) TRUE COPY OF RESULTS SHEET OF THE 3RD
PETITIONER FOR SEMESTERS 1 TO 3
EXHIBIT-R4(D) TRUE COPY OF THE ENQUIRY COMMISSION REPORT
WP(C)Nos.41133 of 2023 & 42288 of 2023
DATED 12-07-2022
EXHIBIT-R4(E) TRUE COPY OF THE ENQUIRY REPORT DATED 07-12-
EXHIBIT-R4(G) TRUE COPY OF THE ENQUIRY REPORT DATED 07-08-
EXHIBIT-R4(H) TRUE COPY OF THE ORDER DATED 25-07-2022 ISSUED
BY THE 4TH RESPONDENT
EXHIBIT-R4(J) TRUE COPY OF SUSPENSION ORDER DATED 27-01-2023
ISSUED TO THE 2ND PETITIONER
EXHIBIT-R4(K) TRUE COPY OF THE PROCEEDINGS DATED 14-02-2023
ISSUED BY THE 4TH RESPONDENT
EXHIBIT-R4(L) TRUE COPY OF THE SUSPENSION ORDER DATED 10-06-
2022 ISSUED BY THE 4TH RESPONDENT TO THE 3RD
PETITIONER
EXHIBIT-R4(N) A TRUE COPY OF THE STATEMENT OF THE 2ND
PETITIONER DATED 13-07-2023
EXHIBIT-R4(O) A TRUE COPY OF THE STATEMENT OF THE 3RD
PETITIONER DATED NIL
EXHIBIT-R4(P) A TRUE COPY OF THE STATEMENT SUBMITTED BY THE
4TH PETITIONER
EXHHIBIT-R4(Q) A TRUE COPY OF THE COMMUNICATION DATED 02-08-
2023 ISSUED TO THE FATHER OF THE 1ST PETITIONER
EXHIBIT-R4(R) TRUE COPY OF THE COMMUNICATION DATED 02-08-2023
ISSUED TO THE FATHER OF THE 2ND PETITIONER
EXHIBIT-R4(S) TRUE COPY OF THE COMMUNICATION DATED 02-08-2023
ISSUED TO THE FATHER OF THE 3RD PETITIONER
EXHIBIT-R4(T) TRUE COPY OF THE COMMUNICATION DATED 02-08-2023
ISSUED TO THE FATHER OF THE 4TH PETITIONER
EXHIBIT-R4(U) TRUE COPY OF THE ENQUIRY REPORT DATED 14-11-
WP(C)Nos.41133 of 2023 & 42288 of 2023
EXHIBIT-R4(V) TRUE COPY OF THE COMPLAINT DATED 27-11-2023
SUBMITTED BEFORE THE STATION HOUSE OFFICER,
AREEKKODE
EXHIBIT-R4(W) TRUE COPY OF THE NOTICE DATED 01-11-2023 ISSUED
BY THE 4TH RESPONDENT
EXHIBIT-R4(X) TRUE COPY OF THE COMMUNICATION DATED 21-11-2023
ISSUED BY THE 4TH RESPONDENT TO THE DEAN OF 1ST
RESPONDENT UNIVERSITY
EXHIBIT-R4(M) A TRUE COPY OF THE STATEMENT OF THE 1ST
PETITIONER DATED NIL
