Manager and Principal of Catholicate College vs Superintendent of Police and Others

C.K. Abdul Rehim, J.—The Manager and the Principal of Catholicate College, Pathanamthitta, the Petitioners herein, is seeking direction to Respondents 1 and 2 to afford effective police protection to the life of the 2nd Petitioner, his staff, students and to the properties of the college and also to ensure smooth and peaceful conduct of classes in the college. Allegation is that the Respondents 3 to 7, who are leaders of students'' organisations declared strike in the college campus, on 28.7.2011. With the assistance of some outsiders, who are presumably followers of the parties to which the students'' organisations are owing allegiance, had entered the campus and caused destruction to valuable office furniture, other properties and vehicle belonging to the University as well as the police vehicles which were parked within the campus. Some students of the college got injured in the incidents and the police had registered FIR as per Ext.P1. Thereafter, the atmosphere in the campus is remaining tensed and the Petitioners are not in a position to conduct classes in a smooth manner and they were compelled to close down the college, on an indefinite basis. Even though 24 students were suspended from the college, a group of miscreants thereafter trespassed into the campus on 31.7.2011, and caused further destruction by entering into the buildings. It is stated that, the loss of working days due to uncontrollable situation is detrimentally affecting academic interests of the students. Grievance of the Petitioner is that, inspite of specific request made to the 2nd Respondent through Ext.P5, no adequate protection is afforded for functioning of the college and for smooth conduct of classes. Unless steps are not taken to prevent illegal entry of outsiders and also those who are agitating and preventing the conduct of classes, the college could not resume normal functioning.

Inspite of service of notice from this Court the Respondents 3 to 7 have not entered appearance nor they have chosen to contest the matter. Considering the grave situation averred in the writ petition, we are of the considered opinion that the matter need be looked into on a serious angle, since loss of working days in the college will be causing prejudice to the academic interests and in that sense it is affecting the interest of the society at large. We are of the opinion that, it is obligatory on the part of the Respondents 1 and 2 to take effective steps to provide adequate protection for the smooth running of the college.

In the result, the writ petition is disposed of directing the Respondents 1 and 2 to take effective steps for affording protection for the smooth running of the college and for conduct of classes. Needless to say that the police should take appropriate action, to prevent unauthorised entry of outsiders and if any untoward incident or any apprehended obstruction is reported, strict action shall be taken to avert any physical obstruction to the running of the college and for smooth conduct of the classes.