PRAKASH Vs. PRINCIPAL

JUDGEMENT

(1.) This writ petition is filed by a student of Government Law College, Ernakulam, as pro bono publico seeking the following reliefs.

(2.) The main contention urged by the petitioner is that though a Division Bench of this Court in Sojan Francis v. v. M.G. University, 2003 2 KerLT 582) had issued guidelines banning political activities within the college campus which prevents the students from carrying on the right of education and later upheld the rights of private management and educational agencies in prohibiting the functioning of the students organization within the campus, in Kerala Students Union v. Sojan Francis, 2004 2 KerLT 378), similar activities are being carried on in the college managed by the first respondent. The petitioner points out the incidents on 2nd July 2012 and 4th July 2012. According to him, the college authorities have not taken any action in this regard and the fundamental right of the students for education cannot be obstructed by the activities of a few students, who have allegiance to student political organizations. The petitioner also relies upon the judgment of this Court in S. N. M.College v. S. I. of Police, 2007 1 KerLT 282, Manu Vilson v. Sree Narayana College, 1996 1 KerLT 788 and Haripal Singh v. Devinder Singh, 1997 6 SCC 660) in order to contend that the indefinite strike called for by the 2nd respondent is illegal.

(3.) According to the petitioner, on 2nd July 2012 when the college started functioning, the very first day of the beginning of classes, there was strike by the 2nd respondent Union. Their demand was that the Principal should suspend a teacher, who allegedly consumed alcohol and has beaten a women student. On 4th July, 2012 also 2nd respondent organized a strike demanding resignation of Vice Chancellor of Mahatma Gandhi University.