Sheeba M.R vs The Kerala Veterinary And Animal ...
2025 Latest Caselaw 4706 Ker

Kerala High Court

Sheeba M.R vs The Kerala Veterinary And Animal ... on 4 March, 2025

Author: Amit Rawal

Bench: Amit Rawal

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                     &
                 THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
          Tuesday, the 4th day of March 2025 / 13th Phalguna, 1946
                             WA NO. 410 OF 2025
  AGAINST THE JUDGMENT DATED 05.12.2024 IN WP(C) 30162/2024 OF THIS COURT
APPELLANT(S)/THIRD PARTY:

     SHEEBA M.R, AGED 44 YEARS W/O JAYAPRAKASH T., RESIDING AT PAVITHRAM,
     VINODNAGAR, KURAKODE, NEDUMANGAD P.O., THIRUVANANTHAPURAM DISTRICT ,
     PIN - 695541

BY SENIOR ADVOCATE SRI.GEORGE POONTHOTTAM AND ADV.M/S.NISHA GEORGE

RESPONDENT(S)/RESPONDENTS AND WRIT PETITIONERS:

  1. THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY POOKODE,
     WAYANAD DISTRICT, REPRESENTED BY ITS REGISTRAR, PIN - 673576
  2. THE COLLEGE OF VETERINARY AND ANIMAL SCIENCES UNIVERSITY POOKODE,
     LAKKIDI P.O., WAYANAD DISTRICT - REPRESENTED BY ITS DEAN, PIN -
     673576
  3. THE DEAN COLLEGE OF VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
     POOKODE, LAKKIDI P.O., WAYANAD DISTRICT, PIN - 673576
  4. THE ANTI-RAGGIN COMMITTEE COLLEGE OF VETERINARY AND ANIMAL SCIENCES
     UNIVERSITY, POOKODE, LAKKIDI P.O., WAYANAD DISTRICT, REPRESENTED BY
     ITS CHAIRMAN, PIN - 673576
  5. THE VICE CHANCELLOR, KERALA VETERINARY AND ANIMAL SCIENCES
     UNIVERSITY, POOKODE, WAYANAD DISTRICT, PIN - 673576
  6. ABHISHEKH S,AGED 23 YEARS S/O.SAJI P.K., PAZHAYIDATHU HOUSE,
     RAMAKKAL MEDU P.O., KARUNAPURAM VILLAGE, IDUKKI DISTRICT, PIN -
     685552
  7. DONES DAIE, AGED 23 YEARS S/O. DAIE JOHN, THURAKKAL PUTHENPURAYIL
     HOUSE, KOTHAKUTHY, MUTHALAKODAM P.O., KARIKKODE VILLAGE, THODUPUZHA,
     IDUKKI DISTRICT, PIN - 685605

BY ADV.SRI.MANU GOVIND FOR R1 TO R5

ADVS.M/S.N.M.MADHU AND C.S.RAJANI FO R6 & R7

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 05.12.2024 in WP(C) No. 30162
of 2024 passed by this Hon'ble Court, pending disposal of the Writ Appeal.
     This Writ Appeal again coming on for orders on 04.03.2025, upon
perusing the appeal memorandum and this court's order dated 27.02.2025,
the court on the same day passed the following:
              AMIT RAWAL & K.V. JAYAKUMAR, JJ.
       ---------------------------------------------------
            WA Nos.268, 269 and 410 of 2025
       ----------------------------------------------------
          Dated this the 04th day of March, 2025


                            ORDER

Amit Rawal, J.

I.A.No.2 and 3 of 2025 in WA No.268 of 2025

These applications have been filed on behalf of the Parent

Teachers Association of Veterinary College for impleadment

and production of document. We are afraid that the scope of

the writ appeal cannot be enlarged as sought to be by moving

such an application. The applicant is neither necessary nor

proper parties, as the appeal accepted is of the mother of the

deceased Sidharthan J.S., who had unfortunately died out of

ragging conducted in the college affiliated with the University,

resulting into removal of the students and a challenge laid

thereon. Accordingly, applications are bereft of the merits,

dismissed.

WA Nos.268, 269 & 410 of 2025

WA Nos.268, 269 and 410 of 2025

1. Sri.Manu Govind, learned counsel for the University

has filed a memo placing on record the time line/tentative

calendar for continuing the enquiry into the ragging of late

Sidharthan.J.S., by giving the details as under:

12-12-24 to 27-2-25- Translation and soft copy conversion of all statements of witnesses used for the preparation of initial enquiry report, preparation of sequence of events, preparation of Gist of statements of witnesses, draft individual Statement of allegations and draft individual Charges based on the statements received during initial enquiry and verification by the anti-ragging squad

28-2-2025 -Sent Notice for appellant through the Standing Counsel of the University for hearing in person on 6-3-25 or to submit written statement by 10-3-25

1-3-25 Sent the above notice through speed post to the appellant 2-3-25-Sent the above notice by email to the counsel of the appellant which was given by the appellant WA Nos.268, 269 & 410 of 2025

3-3-25- Sent the above notice through WhatsApp to the appellant.

6-3-25- Hearing of appellant (2 representatives or Counsel), if agreed

7-3-25 and 10-3-25 to 13-3-25-Verification of the statements and evidence provided by the appellants by the anti-ragging squad to decide whether to accept or reject and prepare the reason for the same. Based on the decision of the anti-ragging squad it will be included into statement of allegations of each accused as applicable and the new accused, if any

14-3-25 Sending the modified individual Statement of allegations (including that of newly accussed), individual Charge memo and common gist of statements (incorporating statement of appellant) to the appellant by registered post with acknowledgement due/email of the counsel of the appellant, along with the reasons for accepting or rejecting the allegations of the appellant for replying by 21/3/25

22-3-25 to 24-3-25-finalise the individual Statement of allegations, individual Charge memo and the final common gist of statement WA Nos.268, 269 & 410 of 2025

25-3-25 sending of notice to additional accused (informed by appellant, if any) by hand or by registered post/email with statement of allegations and charge memo to submit written statement with evidence by 2/4/25 or to appear in person at Pookode, if required on 2/4/25.

25-3-25 Sending the individual Statement of allegations, individual Change memo and Final common gist of statements to all the nineteen accused by registered post with acknowledgement due/email, to submit the written statement with evidences by 2/4/25 and to appear in person Mannuthy, if required on 4/4/25

5-4-25- prepare the individual Statement of allegations and individual Charge memo of the new accused (informed by accused, if any).

7-4-25- Sent the individual Statement of allegations and individual Charge memo to the appellant by registered post with acknowledgement due/email of the counsel of the appellant

7-4-25- sending of notice to additional accused by hand or by registered post with acknowledgement due /email with the individual statement of allegations and individual charge memo to submit written statement with evidence WA Nos.268, 269 & 410 of 2025

by 15/4/25 or to appear in person at Pookode, if required on 21/4/25 and 22/4/25 23-4-25 to 30-4-25 preparation of preliminary report with explanations and reasons

30-4-25 sending preliminary report to appellant and to all accused by registered post with acknowledgement due/through standing counsel/email/for those at Pookode, by hand, to reply by 9/5/25

12-5-25 to 17-5-25-preparation of the final report with explanations and reasons 19-5-25-submission of final report to anti-ragging committee

The above dates are only tentative, but will try to strictly stick on to it unless unforeseen changes happen."

2. We expect that the timeline given is of longer

duration and should be truncated, preferably by end of march,

on consideration of the fact that there is an interim stay vis-a-

vis the attending of the classes by the students-writ petitioners

on the basis of the interim order passed by this Court. We

have been informed that against the interim order writ WA Nos.268, 269 & 410 of 2025

petitioners-respondents had approached the Hon'ble Supreme

Court in SLP No.5246-5247 of 2025, the following order was

passed:

"As the main matter in W.A.Nos.268-269/2025 is slated to be heard on 04.03.2025, we are not inclined to interfere in the matters.

These Special Leave Petitions are hence, dismissed.

Pending application(s), if any, shall stand disposed of."

3. Today, Sri.Sreekumar Chelur and Sri.P.C.Sasidharan

have argued that the students may be permitted to join the

classes as their future is in dark for the reason that in case

they are able to ward off the alleged allegations they will be

losing the attendance and also a year. We confronted the

counsel with regard to the status of the criminal cases lodged

against the students. We have been informed that the charge

sheet is not filed. Considering the seriousness of the issue, we

do not deem it appropriate to modify our order for permitting WA Nos.268, 269 & 410 of 2025

the students to attend the classes but direct the university to

change the timeline by finishing the enquiry by the end of this

month ie., 31.03.2025 as already the statements of all the

witnesses have been recorded and only the opportunity of

hearing has to be given to the students with liberty to cross

examine the witnesses. In case, the University finds that the

respondents - students are indulging into delaying tactics in

cross-examining the witnesses, the said fact can be always

brought to the notice of this Court for further orders.

Post this matter for further consideration on 09.04.2025.

Sd/-

AMIT RAWAL, JUDGE

Sd/-

K.V. JAYAKUMAR, JUDGE nak

04-03-2025 /True Copy/ Assistant Registrar