Kerala High Court
Acel Joe Varghese vs State Of Kerala on 2 July, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:48024
WP(C) NO. 23121 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(C) NO. 23121 OF 2025
PETITIONER/S:
1 ACEL JOE VARGHESE
AGED 21 YEARS
S/O GEORGE JOSEPH PAYYAPPILLY HOUSE, CHERANELLORE P.O.,
ERNAKULAM, PIN - 682034
2 GEORGE DOMINIC
AGED 19 YEARS
S/O AJI DOMINIC, 279 OPPOSITE TO PEARL NEST, APPARTMENTS,
SRINIVASA REDDY LAYOUT, AECS LAYOUT, KUNDALAHALLI,
BANGALORE, PIN - 560037
3 ATHUL THOMAS K
AGED 23 YEARS
S/O K T PAUL, KONNOTH HOUSE, WATERLAND ROAD, PALLURUTHY,
KOCHI, PIN - 682006
4 AFIYAN MOHAMMED ABHIJIT
AGED 20 YEARS
S/O M M ABHIJIT, MANADATH (H), THAIKKATUKARA. P O, ALUVA,
ERNAKULAM., PIN - 683106
5 AGNELO MIKEL SUNIL
AGED 19 YEARS
S/O K J SUNIL, KAKKANATTU (H), MELAMPARA P O,
BHARANANGANAM, PALA, KOTTAYAM., PIN - 686578
6 ADHNAN T,
AGED 23 YEARS
S/O ABDULLA T, THACHMPATTA (H), VETTATHUR P O,
MALAPPURAM., PIN - 679326
7 SHADIN ABIDEEN
AGED 24 YEARS
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WP(C) NO. 23121 OF 2025
2
S/O ZAINAL ABIDEEN, POOKADAN (H), KODUR P O, THANIKKAL
MALAPPURAM., PIN - 676504
8 PRANAV MANI
AGED 20 YEARS
S/O OF MANI P K, SRIPRANAVAM (H) IRINGAPURAM, THIRUVAYOOR
P O THISSUR, PIN - 680103
9 VAISHNU P S
AGED 20 YEARS
S/O P T SHAJU, POOVATHINKOL (H), PATHIRIYAL P O,
THIRUVALI, MALAPPURAM, PIN - 676123
10 AKHILESH K S
AGED 23 YEARS
S/O SURESH K V, KARANCHERRY PARAMBIL HOUSE, SRINGAPURAM
,KODUGALLUR P O., THRISSUR, PIN - 680664
BY ADVS.
SRI.S.KRISHNAMOORTHY
SMT.SNEHA ROSE
SMT.P.S.ARUNA
SRI.D.SREEKUMAR (KALAMASSERY)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, THE MINISTRY OF HEALTH & FAMILY
WELFARE GOVT.SECRATARIATE, TRIVANDRUM, PIN - 695001
2 THE DIRECTOR OF MEDICAL EDUCATION
O/O DIRECTORATE OF MEDICAL EDUCATION MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695011
3 THE KERALA UNIVERSITY OF HEALTH SCIENCES
REP BY REGISTRAR MEDICAL COLLEGE P.O., THRISSUR, KERALA,
PIN - 680596
4 GOVT. MEDICAL COLLEGE
REP BY THE PRINCIPAL KOZHIKODE, KERALA, PIN - 673008
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WP(C) NO. 23121 OF 2025
3
BY ADVS.
SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.)
PARVATHY KOTTOL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners are the students studying in the 2nd year
MBBS of 67th Batch, who took admission in the year 2023 in the
4th respondent, Govt Medical College Kozhikode. All the
petitioners were admitted to the college under the merit quota.
It appears that the petitioners, along with 11 others, were found
to have indulged in ragging activities in the college. Out of 26
students, 16 students could not be identified by the Anti-
Ragging Committee constituted as per the UGC's Anti-Ragging
Regulations.
2.The petitioners were suspended for three months from
the college. However, after the suspension, they were re-
admitted to the college. The revocation of the suspension order
in Ext.P6 was passed by the principal of the college. The
petitioners were placed under suspension on 04.02.2025. The
suspension order further provided that the period of suspension
is to be treated as punishment and was directed to stay away
from the hostel was extended for a period of six months from the
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date of suspension.
3. The petitioners, along with other students, who were
found guilty of indulging in ragging activities, were placed
under strict surveillance for a period of one year, and they were
warned that any misbehavior in the future on their part would
be treated as a serious offence.
4.The learned counsel for the petitioner submits that
because of the three-month suspension, the petitioners have
fallen short of their attendance to write the regular
examinations, scheduled to be held on 21.08.2025. He further
submits that if extra classes are arranged, they can meet the
requirement of the requisite attendance for writing the regular
examination, which is to be commenced on 21.08.2025.
5.The learned counsel for the petitioner further submits
that the petitioner may be put to the cost of extra classes as this
court may deem it fit and proper in the facts and circumstances
of the case to cover the remuneration to the teachers of the
colleges for conducting the extra classes for these students.
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6.He has also drawn the attention of this court to the
judgment passed by the Division Bench of the court in W.A No.
2158/2024 and connected cases, dated 10.04.2025, wherein the
requirement of 80% mandatory attendance for appearing in the
examination was found not mandatory for the postgraduate
medical courses.
7.Ms. Parvathy Kottol, the learned Government Pleader,
has vehemently opposed the submissions of the learned counsel
for the petitioner and submitted that the three months
suspension was a punishment for ragging activities, in which the
petitioners were found to have indulged in. she further submits
that allowing the petitioners to get away from the punishment
by conducting extra classes for them would amount to putting
premium on their misconduct. She further submits the judgment
of the Division Bench in W.A No. 2158/2024 and connected
cases, dated 10.04.2025, are only in respect of the postgraduate
students and not for the undergraduate students. The learned
Government Pleader submits that if this court directs the college
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to conduct extra classes for the petitioners by putting them on
cost, it should not be treated as a precedent in future.
8.Ms. Helen Jude, the learned Standing Counsel for the
University, submits that the petitioners have already been
permitted to rejoin the regular second-year batch of the course.
She further submits that she respectfully leaves it to this Court
to pass such order as it deems fit and proper in the facts and
circumstances of the case.
9.I have considered the submissions advanced.
10.This Court does not, in any manner, condone the
misbehavior or misconduct of the petitioners. They are hereby
warned that any future acts of misconduct shall attract grave
and serious consequences, and no sympathy shall be extended
to them from any quarter
11.The petitioners' suspension order has been revoked vide
the order dated 14.05.2025, and they have also been permitted
to study with the regular batch (67). If the extra classes are not
conducted, they may fall short of the requisite attendance to
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appear for the regular examination, which is to be conducted on
21.08.2025, and that will result in the loss of an entire academic
year for the petitioners.
12.The learned counsel for the petitioner has left it to this
court's discretion to impose the cost on the petitioners for
conducting the extra classes. Therefore, each of the petitioners
is directed to pay Rs.1,00,000/- to the college within a period of
seven days from today for conducting the extra classes (theory
and practical) for them, so that they atleast reach near to the
requisite percentage which shall make them eligible for writing
the regular examination, which is to be scheduled on
21.08.2025.
13.Keeping in view the judgment passed by the Division
Bench in W.A No. 2158/2024 and connected cases, dated
10.04.2025, it is noted that the said judgment was delivered in
respect of the postgraduate medical students, but the principle
will also follow in respect of the undergraduate students for
medical courses. Despite conducting the extra classes for the
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petitioners for fall short of some percentage, that will be
condoned, keeping in mind the judgment of this court in W.A No.
2158/2024 and connected cases, dated 10.04.2025,
consequently, the petitioners shall be allowed to appear in the
regular examinations.
14.It is clarified that the said judgment has been passed on
the facts and circumstances of the present case, where the
petitioners' suspension got revoked vide the order dated
14.05.2025, and therefore, the same shall not be treated as
precedent for future cases.
The present writ petition is disposed of as above.
Sd/-
D. K. SINGH
JUDGE
SJ
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WP(C) NO. 23121 OF 2025
APPENDIX OF WP(C) 23121/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF SUSPENSION AS THE
PROCEEDINGS OF PRINCIPAL, THE 4TH RESPONDENT
DATED 4.2.2025
Exhibit P2 TRUE COPY LETTER ISSUED BY THE 4TH RESPONDENT
TO THE 2ND RESPONDENT DATED 5.3.2025
Exhibit P3 TRUE COPY OF LETTER DATED 7.3.2025 ISSUED BY
THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF LETTER ISSUED BY THE 4TH RESPONDENT
TO THE 2ND RESPONDENT DATED 26.3.2025
Exhibit P5 TRUE COPY OF THE ORDER DATED 7. 4. 2025 ISSUED
BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 14.5.2025
ISSUED BY THE 4TH RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER DATED 23.5.2025 ISSUED
BY THE 3RD RESPONDENT TO 4TH RESPONDENT AS AN
EMAIL COMMUNICATION
Exhibit P8 TRUE COPY OF THE RECOMMENDATION ISSUED BY THE
RESPONDENT DATED 9/6/2025
Exhibit P9 TRUE COPY OF THE FEE REMITTANCE ACKNOWLEDGEMENT
DATED 5.6 25 ISSUED TO THE 1ST PETITIONER
Exhibit P10 TRUE COPY OF THE LETTER ISSUED BY THE SHO,
MEDICAL COLLEGE POLICE STATION TO 4TH
RESPONDENT DATED 12.03.2025
RESPONDENT ANNEXURES
Order No U.O No.
Order No U.O No. 965/2025/academic/KUHS
965/2025/academic/KUH
dated25.06.2025
S dated25.06.2025
