IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3332 of 2008(V)
1. HASEEN A.HALEEM, S/O.ABDUL HALEEM,
... Petitioner
2. NISHAD N., S/O.NUJUMUDEEN, AGED 19
3. NISHAD.A., S/O.ASHRAF, AGED 20 YEARS,
4. MOHAMMED SAJITH.S., S/O.SALIM,
Vs
1. THE PRINCIPAL,
... Respondent
2. THE UNIVERSITY OF KERALA,
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 3332 OF 2008 V
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Dated this the 29 th January, 2008
J U D G M E N T
The challenge in this writ petition is against Exts. P1 to P3. By
these orders, certain students of the 1st respondent college have
been placed under suspension on account of their being arrayed as
accused in Crime No. 219/07 on the file of Pangode Police Station.
It is also seen from Exts. P1 to P3 that the students were in judicial
custody for some time. Thus it is on account of their being accused
in a criminal case and that they were in judicial custody that the
Principal of the college has issued Exts. P1 to P3 suspending the
students.
2. Petitioners submit that there was absolutely no necessity to
place them under suspension and that the very mere fact that they
are accused in an F.I.R. does not justify such a drastic action. It is
also contended that their examination is to begin soon and that in
view of the suspension they will not be in a position to pay the fee
for the same.
W.P.(C) No. 3332 OF 2008 -2-
3. In the matter of discipline in an educational institution, if
the Principal of the college has taken a view, except in a case where
there is extreme arbitrariness or such other similar vitiating
circumstances, this Court will not be justified in interfering such a
decision. Discipline in a campus is a matter of prime importance
and the Principal is the best person to assess the requirement of the
situation. If following the involvement of the students in a criminal
case and their judicial custody, the Principal thought that it is not
desirable to continue the students in the campus, I do not think that
there is any perversity in such a conclusion of the Principal
warranting interference by a writ court. Therefore, on merits I am
not persuaded to interfere with Exts. P1 to P3.
4. Be that at it may, the petitioners have a request that they
should be permitted to remit the fees for the examination. It will
be open to the petitioners to make a suitable representation to the
Principal in which case I have no doubt that the Principal will
consider the same.
Writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
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