MANU VISION Vs. SREE NARAYANA COLLEGE

JUDGEMENT

(1.) These appeals arise out of O. P. Nos. 340/1996 and 2342/1996 respectively, which were disposed of by a common judgment. When these appeals came up for admission, learned counsel representing the respondents entered appearance and wanted the appeals itself heard and disposed of. Accordingly, as agreed to by counsel appearing on either side, we heard them at length and we are disposing of the appeals. Since the issues raised in these appeals are same, we consider it advantageous to dispose of them by a common judgment.

(2.) Short facts necessary for the disposal of these appeals are as follows.- Sree Narayana College, Cherthala is one affiliated to the Kerala University. On 30th October, 1995 at about 11.30 A. M., while class was in full swing in room No. A2.2, six students of the college who did not belong to the class, trespassed into the room and manhandled some of the students who were attending the class. The teacher, who was engaging the class, was also not spared. The matter was reported to the Principal. Principal convened a meeting of the College Council. The Council took an unanimous decision to initiate disciplinary proceeding against the miscreants. An Enquiry Commission was constituted for the purpose. Memos were issued to all the six delinquent students to appear before the Commission on 8.11.1995. After enquiry, Commission by its preliminary report dt. 24.11.1995, found the six delinquent students to be guilty of the misconduct. Report of the Enquiry Commission was approved by the College Council. Consequently, six delinquent students were suspended from the college on 28.11.1995. Notice dt. 1.12.1995 was issued to the students for holding a proper detailed enquiry. After such enquiry, the Commission filed final report dt. 12.12.1995, wherein all the delinquents were found guilty of the violent incident The Commission, accordingly, recommended serious action against them. Report was considered by the College Council. Thereupon, the Principal on 13.12.1995 decided to expel three of the miscreants. One of the students accepted Transfer Certificate voluntarily. Since the other two did not turn up for receiving the Transfer Certificate, the Transfer Certificate were forwarded to the University. Consequent on the disciplinary proceedings, the Principal anticipated unlawful activities on the part of the delinquent students and their supporters to disrupt the working of the college. So, the Principal sought assistance from the police to conduct the college without disturbance from outside elements. A handful of students, along with outsiders gathered in front of the college and tried to obstruct the willing students and members of the staff from entering the college. They resorted to abuse girl students in indecent language, throw away their books, damaged the furniture of the college and caused troubles to the smooth running of the college. Out of the 3400 students studying in the college, only a very few with the help of outsiders, created the trouble. Since police did not afford sufficient protection to the institution and to the students who wanted to study, the Principal approached this court by filing O. P. 340/1996 praying for the issuance of a writ of mandamus directing the police officers to take steps to prevent obstruction to the students and members of the staff and to prevent entry of outsiders into the college campus.

(3.) While the college was being run with police help as ordered by this Court in C. M. P. 540/1996, a further development took place. During the last week of December, 1995, after the issue of transfer certificates to the three delinquent students, Sri. K. V. Devadas, a native of Cherthala where the college is situated and a Member of the Syndicate of the Kerala University, had a conciliation talk with the Principal and some of the members of the Staff. According to the Principal, the suggestions made by Sri. K. V. Devadas was not palatable to the local unit of the political party who was supporting the delinquent students. On 18.1.1996, Principal received a communication from the University of Kerala informing that a committee consisting of four members of the Syndicate Sri. K. Madhavan Nair, Sri. K. V. Devadas, Sri. T. N. Raman Pillai and Sri. Sudheer Jacob - would enquire into the matter relating to the issue of compulsory Transfer Certificate to the two delinquent students, namely Sri. Jyothikrishnan and Sri. Manu Wilson. It was also stated that the case relating to inter collegiate transfer of Sri. V. K. Raju will also be enquired into by the committee. The authority of the Committee to enquire into the issue was doubted by the Principal. Accordingly, the committee was told about the impropriety of such an enquiry. Sanction, which was accorded by the Registrar, for the inter collegiate transfer of Sri. V. K. Raju, one of the three delinquent students, was resiled. Of the four members of the Syndicate who came to enquire into the incident that took place in the college, except Sri. Sudheer Jacob, others were active members of the same political party which was supporting the delinquent students. The above three members of the committee filed a report to the University directing the Principal to hold a fresh enquiry into the incident by a committee consisting of the Principal, senior Professor of the College, Convenor of the Standing Committee on student Discipline, Shri. K. V. Devadas, Member of Syndicate and the Registrar of the University. The order to that effect issued by the Registrar on 3.2.1996 is under challenge in O. P. 2342/1996.