High Court Kerala High Court

Vaisakh V.Perumbal vs Cochin University Of Science And on 18 March, 2008

Kerala High Court
Vaisakh V.Perumbal vs Cochin University Of Science And on 18 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8462 of 2008(G)


1. VAISAKH V.PERUMBAL,
                      ...  Petitioner
2. SARATH V., S/O. VENUGOPAL,
3. RITHUL MOHAN, S/O. HARIMOHAN,
4. MUHAMMED RAZEEM C.P.,
5. PRANAB P., S/O.T.PRABHAKARAN NAIR,
6. RASHEED C.K.M., S/O. MOIDEEN,
7. SANJAI T.S., S/O. SIVARAMAN,

                        Vs



1. COCHIN UNIVERSITY OF SCIENCE AND
                       ...       Respondent

2. DR. A.RAMACHADNRAN,

                For Petitioner  :SRI.C.P.MOHAMMED NIAS

                For Respondent  :SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :18/03/2008

 O R D E R
                         ANTONY DOMINIC, J.

                = =W.P.(C) = = = = = = = = = = =
                     = = =
                             No. 8462 OF 2008 G
                = = = = = = = = = = = = = = = =

                  Dated this the 18th March, 2008

                           J U D G M E N T

The petitioners are 3rd Semester B.Tech. students in the Naval

Architecture and Ship Building Department of the 1st respondent

University. On the allegation of the petitioners’ involvement in

ragging the junior students they have been placed under

suspension with effect from 2.11.2007. Ext. P2 is one of the orders

issued. It is seeking to quash the aforesaid order of suspension this

writ petition has been filed.

2. On instructions, the Standing Counsel for the University

now submits before me that in the preliminary enquiry conducted

by an enquiry officer, report has been received and that the report

does not show any involvement of the petitioners. It is also stated

that what is submitted by the enquiry officer is only an interim

report and that a final report is awaited.

3. From the above it is obvious that as at present, there is no

W.P.(C) No. 8462 OF 2008 -2-

material to indicate the involvement of the petitioners in the

allegations of ragging. If that be so, in the light of the findings in

the interim report that has been received, Ext. P2 and similar other

orders of suspension issued to the petitioners cannot be sustained.

4. Accordingly, Ext. P2 and similar orders issued to the

petitioners will stand quashed and it is directed that the petitioners

will be permitted to continue their course as before. However, it is

directed that in the final report or any other enquiry that is to be

conducted by the University, if the involvement of the petitioners are

proved, this judgment will not stand in the way of the University

taking taking any appropriate action as it deems fit.

Writ petition is disposed of as above.

ANTONY DOMINIC
JUDGE
jan/-