ANAND Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) "Discipline is the bedrock on which an educational system is founded" -observed a Division Bench of this Court in Kerala Students Union v. Sojan Francis : (2004 (2) KLT 378). The height of indiscipline in the campus of the College of Engineering, Trivandrum in connection with the Onam celebration this year has cost the life of a student of the same college. The petitioners (26 in number) are the students who have been suspended from the college for varying periods for alleged misdemeanor in connection with the Onam celebration on 19.8.2015. It is alleged that the students of the men's hostel took out a procession in the evening of that day accompanied by two jeeps and an open lorry. The jeeps bearing Registration Nos. KBF -7268 and KCT -2217 as well as the lorry titled 'Chekuthan' were filled with students who danced to the tune of music and drums. The allegation is that the jeep KBF -7268 accidentally hit a girl student - a pedestrian inside the campus - who later succumbed to the injuries. An Enquiry Committee was constituted by the College to probe into the incident who reported that the petitioners were guilty of indiscipline inside the College campus. The College Council in its meeting held on 22.9.2015 accepted the report of the Enquiry Committee and suspended the petitioners from the College. The student who drove the jeep KBF -7268 which fatally hit the girl student allegedly was dismissed from the college with immediate effect based on the report. The suspension of the petitioners from the college for periods varying from one semester, one month, 24 days and 20 days is challenged in this Writ Petition. The petitioners contend that they were mere onlookers and had been roped in due to inter -union rivalry and that the procession was preceded by permission. It is also the case of the petitioners that they were not afforded an opportunity to cross examine the witnesses and that even a copy of the enquiry report was not furnished. The petitioners point out that they may loose an academic year due to shortage in attendance if they are not permitted to attend the classes and submit the projects and write the examinations. The petitioners seek to quash the proceedings of the College Council imposing punishment as above and for permission to pursue their regular academic activities.

(2.) I heard Mr. K. Shaj, Advocate on behalf of the petitioners, Mrs. Sanjeetha. K.A., Sr. Government Pleader and Mr. Paul Jacob, Standing Counsel for the University of Kerala at length.

(3.) I am unaware of the necessity to grant permission to conduct a procession in the college on 19.8.2015 from 4 to 4.30 p.m. by the Principal when sought by a student representative. The student however stated in the enquiry that the Principal while granting permission gave oral instruction that the procession should not enter the College campus. No permission should be granted to conduct a procession either inside the hostel campus or the college campus in connection with any celebration. It is stated in the bar that a JCB was brought to the same college during the Onam celebration for the previous year when the students stood in its bucket. It is also stated that a fire engine was brought inside another College campus during the Onam celebration this year to create an artificial rain. The imagination runs riot for the students and the College and the hostel campuses are not the venue to exhibit such acrobatics and the same should be put down with heavy hands.