LAWS(KER)-2010-10-379

SHAN P D Vs. PRINCIPAL AWH ENGINEERING COLLEGE

Decided On October 27, 2010
SHAN P.D., S/O.HASSAN Appellant
V/S
PRINCIPAL, AWH ENGINEERING COLLEGE Respondents

JUDGEMENT

(1.) Issue raised in these writ petitions are connected, and therefore, these cases were heard together and are disposed of by this common judgment, treating WP(C) No. 31274/2010 as the leading case.

(2.) Petitioners in these writ petitions are students of AWH Engineering College, affiliated to Calicut University. Ext.P1 is a notice issued by the Principal of the College on 17/09/2010. In this notice, it is stated that on the basis of the enquiry report submitted by the Committee appointed by the Principal to enquire into the incidents related to ragging of the first year students, the petitioners herein are debarred from attending the classes for the periods mentioned in the said notice. Before the expiry of the period, the Principal published Ext.P2 notice stating that the suspension period of the students is extended until the Police enquiry is completed and a report is received. It is challenging Exts.P1 & P2, the writ petition is filed.

(3.) The Principal has filed a counter affidavit. According to the Principal, he received a complaint by e-mail on 01/09/2010 on a suspected ragging incident that took place outside the College campus. It is stated that on 02/09/2010, an Enquiry Committee was constituted to investigate the issue. In the enquiry, prima facie case was found against petitioner Nos.1 & 2 in WP(C) No. 32415/2010 of having ragged the 4th respondent in WP(C) No. 31274/2010. Therefore, they were suspended from the College pending enquiry and the matter was also reported to the Medical College Police Station. It is stated that on further enquiry by the Enquiry Committee, more such incidents relating to ragging were revealed and that the Committee randomly questioned 18 first year students, including the 4th respondent mentioned above and his mother. It is stated that though the students did not disclose names or submitted written complaints out of fear, the Committee identified four other senior students, who are the remaining petitioners in these writ petitions, of having involved in acts amounting to ragging. It is stated that the Enquiry Committee submitted its report on 17/09/2010. The report thus disclosed involvement of a total of six students and accordingly, the remaining four students were also placed under suspension, and a further report was made to the Police. It is stated that all actions of the Principal have been taken in the aforesaid background.