SOORAJ GEMINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a student in Government College, Kariavattom. The petitioner made a complaint, Exhibit P2, against one among the teachers. Petitioner apprehended danger as well. The petitioner approached this Court and sought for police protection. This Court granted police protection, as is revealed by Exhibit P6. In the meantime, an Enquiry Committee was constituted as is revealed by Ext. P4 "based on the complaints received from the teachers" against the petitioner and the petitioner was directed to appear for an enquiry to be conducted on 5.12.2001 by the Enquiry Committee. It seems that the petitioner had represented before the Committee, as is revealed by Ext. P8, as follows :-

(2.) This order is under challenge contending that eventhough the salient features regarding the procedures to be followed in a disciplinary action against a Government servant or any other public servant need not be followed in academic matters, the affected person shall be made known of the accusation at least in minimum words, the petitioner submits. Any enquiry or finding without being made known of the accusation at least in minimum words is totally arbitrary and unreasonable. It cannot be then taken that even the bare minimum extent of natural justice to reflect a fair action is satisfied.

(3.) It is submitted by the Government Pleader that this is only an academic matter and, therefore, this Court shall not interfere with. Certainly the Government Pleader is perfectly justified in his submission that in the matter of academic discipline this Court shall not interfere.