AVALARAMU Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these Writ Petitions are filed by the very same petitioner, who was a Post Graduate student of MA in International Relations and Political Science at Central University, Kasaragod in the 2017-19 batch. WP(C) No.9028 of 2020 was filed challenging the order dated 1.02.2019 by which petitioner was suspended from the rolls of the University, while he was a 2nd year Post Graduate student, on allegations against him regarding a face book post and consequent registration of crime. WP(C) No.10196 of 2020 was filed challenging the order dated 17.01.2020 by which he is removed from the rolls of the University.

(2.) Section 35 of the Central University Act, provides for an appeal before the Executive Council. Petitioner has produced a copy of Ext.P11 appeal preferred by him accordingly, along with I.A.No.02 of 2020.

(3.) Therefore, the Writ Petition is disposed of with a direction to the 3rd respondent to place Ext.P11 appeal before the Executive Council for appropriate decision. In view of the present scenario, in order to give an opportunity of hearing to the petitioner, the Executive Council would be at liberty to constitute a sub committee. Executive committee shall then take a decision on the basis of the said hearing, with a lenient view. In the meanwhile, if the petitioner tenders apology, the Executive Council shall consider the same having due regard to the young age, the future and career of the petitioner. It is made clear that the official/authority which took the decision to remove him from the rolls, shall not be part of the Executive Council which has to consider his appeal. The Orders shall be passed within a period of two months from the date of receipt of a copy of the judgment.