The court clarified that actions defined as ragging under the Kerala Prohibition of Ragging Act permit educational authorities to impose disciplinary measures, including suspension.

Judgment :-

Basheer, J:

Appellants who are studying in the College of Veterinary and Animal Sciences under the Kerala Agricultural University were suspended from the college on the charge of ragging junior students. After holding an enquiry, the University imposed certain minor punishments, one of which was that the period of suspension from October 31, 2007 to March 4, 2008 shall be treated as absence for all "academic programmes of the University".

2. After revocation of suspension, appellants approached the University seeking permission to write the supplementary examinations in some papers which they could not write during the period of their suspension. The University did not accede to the above request.

3. It was in the above circumstances that appellants had filed the writ petition under Article 226 of the Constitution of India praying for issue of a writ of certiorari to quash the order of revocation of suspension to the extent it treated the period of suspension as absence for all academic programmes of the University. The other prayer was to issue a writ mandamus to permit them to write the supplementary examinations and to regularise the period of suspension. The learned single Judge dismissed the writ petition declining to interfere with the stand taken by the University.

4. It is contended by the appellants that the University after having revoked the order of suspension accepting the finding of the Enquiry Committee that there was "possibility of misbehaviour" by the appellants towards the junior students, it was not just or proper to treat the period of suspension as absence for all academic programmes of the University. It is further contended that the refusal to grant permission to write the supplementary examinations in those subjects for which mid-term and internal examinations were held during the period of suspension, was highly illegal, arbitrary and against the rules and regulations governing the field. Are these contentions legally valid and tenable?

5. A brief reference to the incidents of ragging which culminated in the suspension of the appellants is necessary to consider the question whether the action of the University was justified.

6. Appellants 1 and 2 are third year students of Bachelor of Veterinary Science and Animal Husbandry in the College of Veterinary and Animal Sciences under the Kerala Agricultural University. Appellants 3 to 5 are second year students in the same course. It is not in dispute that junior students who got admission during the academic year 2007-08 were subjected to ragging by senior students in the hostel and in the college campus.

7. Theincidents of ragging which started some time in October 2007, immediately after admission of junior students, took an unfortunate and ugly turn when Sri.Manu, a junior student, attempted to commit suicide in his hostel room, allegedly being unable to bear the trauma and agony of ragging perpetrated by the senior students. Sri.Manu identified the appellants as his tormentors. The Police swung into action on receipt of a complaint in this regard. A crime was registered against the appellants for the offence punishable under Section 4 of the Kerala Prohibition of Ragging Act 1998 (for Short the Act) and also under Section 306 red with Section 511 IPC.

8. The application submitted by the appellants for anticipatory bail was dismissed by this Court by its order dated December 18, 2007 (Berin P. Varghese v. State of Kerala (2008 (1) KHC 164). Later, the appellants were arrested by the Police and the Sessions Court, Thrissur released them on bail by its order dated January 25, 2008.

9. As mentioned earlier, the University had constituted a Committee comprising an Associate Dean as its Chairman and a Director and Associate Professor as its members to enquire into the incidents of ragging and the circumstances that led to the attempt made by Sri.Manu to commit suicide. Appellants were placed under suspension with effect from October 31, 2007 pending enquir