LAWS(KER)-2020-11-331

MOHAMMED SHAHIN Vs. KERALA UNIVERSITY OF HEALTH SCIENCES

Decided On November 26, 2020
Mohammed Shahin Appellant
V/S
KERALA UNIVERSITY OF HEALTH SCIENCES Respondents

JUDGEMENT

(1.) The challenge in this writ petition is against the orders of suspension issued to the petitioners, who are 2 nd year MBBS students of the 3rd respondent college. It is contended that an altercation occurred outside the college premises involving the vehicle of the 1st petitioner and another person called Sabu. It is stated that this was the incident which led to Exhibits P6 and P7 suspension orders for a period of six months and 12 months respectively. It is submitted that the period of suspension of the 1st petitioner has already expired and as far as the 2nd petitioner is concerned, the period of suspension is current. However, the 2nd petitioner has expressed his willingness to tender an unconditional apology to respondents 2 and 3 and the Principal of the college. It is submitted by the learned Senior Counsel appearing for the petitioners that the said apology may be directed to be accepted and the suspension of the 2nd petitioner may be withdrawn.

(2.) A statement has been placed on record by the 3 rd respondent. It is submitted that the petitioners were suspended as a penalty after a detailed enquiry. It is stated that this Court had required the 3rd respondent to consider the possibility of the 2nd petitioner being permitted to attend classes on the 2 nd petitioner and his parent tendering unconditional apology. It is submitted in the statement filed by the 3 rd respondent that the said proposal is acceptable on the following conditions:-

(3.) It is stated that there was a further incident where four unknown persons had followed the car of the Vice Principal and his wife, who is an Assistant Professor in the college and smashed the rear glass of the car. It is stated that the police informally informed the 3rd respondent of the involvement of the 1st petitioner in the incident also.