High CourtsDivision Bench(2018) 01 KL CK 0053

NSS COLLEGE OTTAPALAM vs THE STATE OF KERALA & ORS.

High Court Of Kerala · Decided on 16 January 2018

HON’BLE JUDGES
K.Vinod Chandran, Ashok Menon
RESULT
Disposed off
CASE NUMBER
1044 of 2018

AI Structured Summary

Not yet generated for this judgment

Judgment

23 paragraphs · 517 words
1.

The petitioner an aided college is aggrieved with the illegal activities perpetrated by the students who are impleaded as respondents 7 to 14 in

the writ petition. The learned Counsel for the petitioner submits that there is a Code of Conduct for the College, which prohibits political activities

within the campus, as is produced at Ext.P4. On 07.01.2018 the respondents 7 to 14 who are students of the College are said to have dug a pit in

the campus of the college at night, having jumped over the compound wall of the College and giving short shrift to the objection of the security

staff. The Principal of the petitioner was informed by the security staff and the respondents 7 to 14 were suspended. On 08.01.2018 despite

summoning the police, the students came in a procession and erected a flag mast in the pit dug on the previous day. The Principal of the petitioner

and the teaching and non-teaching staff were abused and manhandled creating a frenzied situation within the college campus leading to the closure

of the college and suspension of classes. An enquiry commission was appointed on 08.01.2018 to conduct disciplinary proceedings and the

students, the respondents 7 to 14 who were the leaders affiliated to a political party were suspended. Thereafter, the students have been

obstructing carrying on of the classes and smooth functioning of the college.

2.

The learned Counsel for the respondents 7 to 14 submits that no such incidents as claimed by the petitioner occurred. It is also submitted that

there is no crime registered against the students and the allegation if at all is against the parents at the PTA meeting.

3.

The learned Government Pleader on instruction submits that the College was being considered for accreditation by the National Assessment and

Accreditation Council (NAAC), and at the time of a scheduled inspection directions were issued to the students to remove all the flags and other

posters erected in the premises of the college prior to the inspection carried out by the NAAC. Students were also asked not to litter and deface

the college premises afterwards, against which action respondents 7 to 14 reacted in the manner as stated above. A PTA meeting was convened in

which certain parents allegedly threatened the Principal. A crime was registered as Crime No. 29/2018 of Ottappalam Police Station and

investigation is going on. In the meanwhile considering the situation in the college and also to ensure its smooth functioning the Police have taken

appropriate action and has also deputed sufficient personnel to see that no disruption of law and order is occasioned, invoking Section 151 of the

CRPC and a crime is also registered as Crime No.27/2018.

4.

In the circumstances as pointed out by the learned Government Pleader, we are of the opinion that the writ petition can be disposed of making it

clear that it would be the responsibility of respondents 1 to 6 to ensure that there is no disruption of law and order and the smooth functioning of

the College is facilitated. Writ petition is disposed of. No costs.