IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13027 of 2008(A)
1. FAZALUL ABID P., AGED 19 YEARS,
... Petitioner
2. FAZIL P., S/O.SALEEM P., AGED 19 YEARS,
3. SHINE M.GEORGE, AGED 19 YEARS,
4. UNAIS P.L., AGED 18 YEARS,
5. NIKHIL SURESH, AGED 19 YEARS,
6. MOHAMMED SHAMNADALI P., AGED 19 YEARS,
7. SAJJAD.C., AGED 19 YEARS,
8. AMITHA MON RENAS P.K., AGED 21 YEARS,
Vs
1. UNIVERSITY OF CALICUT REP. BY THE
... Respondent
2. THE PRINCIPAL, M E A COLLEGE OF
For Petitioner :SRI.M.GOPIKRISHNAN NAMBIAR
For Respondent :SRI.R.RAMADAS
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :04/06/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.13027 OF 2008
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Dated this the 4th day of June, 2008
JUDGMENT
The petitioners are senior students of the 2nd respondent’s
College. They have been suspended from the College on
allegations of ragging, involving physical assault of junior
students. A Criminal case has already been registered against
them. Their grievance in this writ petition is that they are not
being reinstated in spite of the enquiry authority finding in favour
of them. The petitioners, therefore, seek the following reliefs:
“i) To issue a Writ of Mandamus to the 2nd
respondent to revoke the suspension of the
petitioners forthwith.
ii) To issue a Writ of Mandamus to the 2nd
respondent to furnish the copy of the final enquiry
report with findings to the petitioners.
iii) To issue a Writ of Mandamus directing
the 2nd respondent to consider and pass orders on
Ext.P3.”
2. A counter affidavit has been filed, in which it has been
categorically stated that the petitioners have been found guilty in
the enquiry conducted. They have also produced the enquiry
W.P.(c)No.13027/08 2
report finding the petitioners guilty of the misconducts alleged
against them. But I find that in Ext.P6, it is stated that the
College has not proposed any action against the petitioners on
the basis of the enquiry report since a criminal case as per the
Kerala Prohibition of Ragging Act, 1998 is pending against
them.
I am of opinion that for finalising disciplinary proceedings
against the petitioners, it is not necessary to await out comes
of the criminal case. Therefore, I dispose of this writ petition
with a direction to the 2nd respondent to pass final orders on
the basis of Ext.R2(a) enquiry report, within a period of one
month.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.13027/08 3