AI Structured Summary
Not yet generated for this judgment
Judgment
Devan Ramachandran, J
The petitioners have been found guilty of having engaged in ragging and were suspended from the Government Medical College - where they are studying - for a period of six months from 13.07.2022. They say that a final decision by the competent Committee has not been yet taken and therefore, that they are entitled to appear for the internal examinations, commencing from 30.07.2022, as notified by the College.
On hearing Sri.R.T.Pradeep – learned counsel for the petitioners, on the afore lines, I asked the learned Government Pleader– Smt.Parvathy K., as to the factual status of the allegations against the petitioners and she explained that they have been found guilty of causing injury to a junior student in the premises of the hostel. She added that when Ext.P1 clearly says that they are suspended from “attending classes and academic privileges”, they cannot appear for the examinations either.
Sri.P.Sreekumar – learned Standing Counsel for the 2nd respondent – University, submitted that the proceedings against the petitioners, under the Kerala Prohibition of Ragging Act, 1998 (hereinafter referred to as “Act” for short), was issued by the College; and that the University has now received a report. He submitted that since the petitioners have been imposed with some detriment, it is for them to challenge it appropriately under the provisions of the “Act”.
At this time, Sri.R.T.Pradeep intervened to say that his clients certainly intend to challenge Ext.P1 through the applicable Statutory Scheme, but sought indulgence for his clients to appear for the internal examinations to commence on 30.07.2022.
I have gone through Ext.P1, as also the minutes of the “Anti Ragging Committee”, constituted by the College - a copy of which has been handed over across the Bar by Smt.Parvathy K. The allegations against the petitioners are very specific and they have been imposed with a punishment of suspension, as mentioned above.
When the punishment imposed on the petitioners as suspension from “attending classes and academic privileges”, certainly a question arises as to whether the petitioners can be allowed to write the examinations. In fact, as has already been recorded above, the submission of Smt.Parvathy K. is that writing the examinations is part of the academic privileges.
I have no doubt that the afore contention of Smt.Parvathy K. is on firm ground, but it also requires to be borne in mind that petitioners have an appellate remedy against the punishment, which may or may not end in their favour. Therefore, until such time as they are able to invoke such remedies and obtain orders, it will be unfair to keep them away from the examinations, since it would cause irreparable prejudice, which will run even beyond the period of six months mentioned in Ext.P1.
I am, therefore, of the firm view that petitioners must be allowed to appear for the internal examinations provisionally, but subject to the decision to be taken in this regard by the appropriate Authority of the University, before which the petitioners must seek permission without any further delay.
However, since the examinations are scheduled on 30.07.2022, I am of the view that this Court must offer the petitioners' some indulgence, subject to the decision to be taken, as I propose ut infra.
Resultantly, this writ petition is ordered with the following directions:
a) The petitioners will approach the competent Authority of the University against Ext.P1 or any other order issued by the “Anti Ragging Committee” under the provisions of the “Act”; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, same shall be considered by the said Authority, within a period of one month thereafter.
b) In the meanwhile, subject to the afore decision, the petitioners will be allowed to appear for the examinations scheduled on 30.07.2022 or any other examinations they would be entitled to, but for the afore punishment, provisionally. The results of the same, however, shall be declared only in conformity with the decision to be taken by the competent Authority of the University in terms of (a) above.
c) It goes without saying that since the order of suspension is still in force against the petitioners, they will enter the campus of the College only for the purpose of the examinations and will not go to any other place therein, which shall be confirmed and ensured by the Principal through the competent Officers/staff under him.