SOJAN FRAMCIS Vs. MAHATMA GANDHI UNIVERSITY KOTTAYAM

JUDGEMENT

(1.) An important question of considerable public importance concerning the educational scenario in the State arises for consideration in this case. The question is whether an educational institution has got the freedom to prohibit political activities within the college campus and forbid the student from organising or attending meetings other than official ones within the college campus and whether such a restriction would violate Art.19(1)(a) and 19(1)(c) of the Constitution of India.

(2.) Petitioner is a second year B.A. Degree student of St. Thomas College, Palai with politics as Main and History and Economics as subsidiaries. He is a College Union member and Editor of the College Magazine and Area Committee member of the Students Federation of India. Principal of the College refused to admit him for the second year B.A. Degree examination due to lack of attendance. Petitioner obtained an order from the Controller of Examinations to write the examination provisionally. Principal however did not allow him to write the examination. Petitioner then approached this Court for a writ of mandamus directing the Management and the Principal to allow him to write the examination or in the alternative to hold a special examination of Politics Main for the second year B.A. degree examination. He has also sought for a writ of mandamus directing the Management and the Principal to pay a compensation of Rs. 25,000/- by way of damages to the petitioner for illegally preventing him from writing the Politics Main Examination scheduled on 4.3.2003 and for causing mental agony and loss of reputation. Learned single Judge dismissed the Writ Petition. Aggrieved by the same this appeal has been preferred.

(3.) Petitioner, a second year student of B.A. Degree preferred an application for appearing for the second year B.A. Degree examination during March / April 2003 along with various other applicants. Applications received from the students were forwarded to the University by the Principal in January 2003. When the application forms were forwarded to the University the number of attendance of candidates was not taken into consideration since classes were not over. University after affixing the seal returned all the hall tickets to the college with a direction to issue the same to the candidates after verifying the attendance and progress certificates. In the forwarding letter dated 26.2.2003 Controller of Examinations had informed the college authorities to withhold the hall tickets of those who had not fulfilled the necessary requirements. Principal informed the petitioner that he would not be allowed to write the examination due to lack of attendance. Petitioner then submitted a representation to the Controller of Examinations who made endorsement in the representation on 3.3.2003 to admit the petitioner provisionally. Principal did not admit the petitioner to the second year B.A. Degree examination since he did not have sufficient attendance as per rules and regulations. Relevant rules pertaining to attendance is as follows: