Kerala High Court

Sheeba M.R vs Kerala Veterinary And Animal Sciences ... on 18 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 18th day of March 2025 / 27th Phalguna, 1946
                              WA NO. 329 OF 2025
    AGAINST JUDGMENT DATED 05/12/2024 IN WP(C) 29685/2024 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 & ADV. NISHA GEORGE

RESPONDENT(S)/RESPONDENTS AND PETITIONERS:

  1. KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, WAYANAD-
     REP BY ITS REGISTRAR, PIN - 673576
  2. THE VICE CHANCELLOR KERALA VETERINARY AND ANIMAL SCIENCES
     UNIVERSITY,POOKODE ,WAYANAD DISTRICT, PIN - 673576
  3. THE ANTI-RAGGING COMMITTEE KERALA VETERINARY AND ANIMAL SCIENCES
     UNIVERSITY,POOKODE,WAYANAD DISTRICT, PIN - 673576
  4. THE DEAN KERALA VETERINARY AND ANIMAL SCIENCES
     UNIVERSITY,POOKODE,WAYANAD-, PIN - 673576
  5. N.ASIF KHAN AGED 23 YEARS S/O NOUSHAD KHAN, ASIF MANZIL,
     KIZHAKKEPURAM P.O, ATHIROOR,VARKALA, THIRUVANANTHAPURAM
     DISTRICT,KERALA, PIN - 695310
  6. AMAL IHSAN AGED 23 YEARS S/O NOUSHAD A ARY HOUSE, CLUB
     KUNNU,VTC,MANANTHAVADY P.O WAYANAD DISTRICT,, PIN - 670645

BY STANDING COUNSEL SRI. MANU GOVIND FOR R1 TO R4

ADVS.M/S.V.SHYAM,P.ARUN & SAHEERA K., FOR R5 & R6

     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.29685
of 2024 passed by this Hon'ble Court, pending disposal of the Writ Appeal.
     This Writ appeal again coming on for orders along with connected
cases on 18/03/2025, upon perusing the appeal memorandum and this court's
order dated 14/02/2025, the court on the same day passed the following:
                AMIT RAWAL & K.V. JAYAKUMAR, JJ.
              ---------------------------------------------------
                 WA Nos. 268, 269, 329, 330, 331,
                      332, 333 and 410 of 2025
             ----------------------------------------------------
             Dated this the 18th day of March, 2025


                                  ORDER

Amit Rawal, J.

This Court had granted leave to the mother of Sidharthan J.

S, who had allegedly died on account of the ragging, to challenge

the order of the Single Bench in the writ appeals and passed the

detailed following order on 4.3.2025:

"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.

W.A.No.268 and connected cases

,

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

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 W.A.No.268 and connected cases

,

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 accused), individual Charge memo and common gist of statements (incorporating statement of appellant) to the appellant by registered post with acknowledgment 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 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 acknowledgment 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 acknowledgment due/email of the counsel of the appellant W.A.No.268 and connected cases

,

7-4-25- sending of notice to additional accused by hand or by registered post with acknowledgment due /email with the individual statement of allegations and individual charge memo to submit written statement with evidence 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-avis 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 petitioners-respondents had approached the Hon'ble Supreme Court in SLP No.5246-5247 of 2025, the following order was passed:

W.A.No.268 and connected cases

,

"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 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."

W.A.No.268 and connected cases

2. The aforementioned order reveals that, this Court had

interdicted the directions of the Single Bench with regard to the

attending of the classes by the students involved in the alleged

offence of ragging. However, the other directions of the Single

Bench were kept in tact. It would be appropriate to extract the

direction No.2(i) of the order under challenge:

"The University is directed to conduct a fresh enquiry, after furnishing memos of charges to the petitioners specifying the individual allegations against each of them and furnishing them the gist of the statements of the witnesses, requiring the petitioners to submit written explanations for the same. However, the statements of the witnesses need not be recorded afresh, and the gist of such statements regarding the involvement of the petitioners shall be furnished to the petitioners without revealing the identity of the witnesses. Such gist of statements has to be prepared based on the statements of witnesses already recorded by the Anti-Ragging Squad.

W.A.No.268 and connected cases

,

3. However, due to inadvertence, this Court had, in the

penultimate paragraph of the interim order observed as under:

"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 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."

4. On perusal of our order dated 04.03.2025, the findings

with regard to the granting of permission to cross-examine the W.A.No.268 and connected cases

witnesses is totally against the first part of the interim order, and

in this regard, two I.As. have been filed in different writ appeals;

I.A No.2/2025 in W.A.No.269 of 2025 on behalf of the appellant

and I.A.No.2/2025 on behalf of the college in WA. No.410/2025.

The observation in the order regarding the granting of cross-

examination may be omitted. In support of the aforementioned

averments in the application, another I.A. No.3/2025 has been filed

in writ appeal No.410 of 2025 on behalf of the College, whereby

the college has received a written communication through email of

the students granting them permission to cross-examine the

witnesses.

5. We are of the view that, once this Court while granting

the interim order, had kept the direction No.2(i), extracted above

of the Single Bench in tact, there was no question of granting the

permission to cross-examination, particularly when the identity of W.A.No.268 and connected cases

the witnesses had already been ordered by the Single Bench to be

kept secret.

6. Through I.A.No.2/2025 in W.A.No.410 of 2025, a revised

tentative calendar has been filed, in pursuance of the previous

order where we had directed the college to conduct and complete

the enquiry by 31.03.2025.

7. Adv. Sreekumar Chelur, the learned counsel appearing on

behalf of the students pointed out that, as per the revised

schedule, the date for receiving the written statement from

nineteen accused has been fixed as 19.03.2025 on the impression

that the students would be given chance to cross-examine the

witnesses. This Court is accepting the request made in I.A.

No.2/2025 in WA.No.269 of 2025 and I.A.No.2/2025 in

WA.No.410/2025, allow the aforementioned applications and

expunge our remarks with regard to the permission for cross- W.A.No.268 and connected cases

examination to the 19 accused. The penultimate paragraph of the

order dated 04.03.2025 shall be read as follows:

"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 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. 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."

8. On perusal of the revised date of schedule, tomorrow

(19.03.2025) is the date for receiving the statement and hearing of

the accused is on 21.03.2025. Thus, we extend the period from W.A.No.268 and connected cases

19.03.2025 to file a written statement to 21.03.2025 along with the

hearing in terms of the directions 2(i) of the Single Bench.

9. It is made clear that, there is already a prohibitory order

to the students to enter the college premises. They are at liberty

to make either themselves for hearing or through virtual hearing.

Post on 10.04.2025.

Sd/-

AMIT RAWAL, JUDGE

Sd/-