The inherent right of the Principal in maintaining discipline in an educational institution and the limited jurisdiction of University authorities in matters of student discipline.

Campus politics has always been a menace to our educational institutions. Time is overdue that academicians and educationists and administrators and all concerned are to see that the students are free from this evil which is slowly and steadily making an inroad into our educational system. Despite the perennial nature of those problems they have hitherto attracted little attention.

2. Educational institutions are spring boards for academic excellence and not for political exercise. Though right to education is not stated expressly as a fundamental right, it is implict expressly and flows from the right to life guaranteed under Art.21 of the Constitution of India, having regard to the broad and expansive interpretation given by courts. Right to education has been treated as one of transcendent importance. It has fundamental significance to the life of the individual and the society at large. Articles 41, 45 and 46 of the Constitution of India show the importance attached to it by the founding fathers of our Constitution. Supreme Court in Unnikrishnan, J.P. v. State of A.P., AIR 1993 SC 2178, held that the right to education is implicit in and flowed from the right to life guaranteed under Art.21 of the Constitution. It transfigures the human personality into a pattern of perfection, through a synthetic process of development of body, the enrichment of mind and sublimation of emotion and illumination of spirit. Supreme Court, while explaining the Mohini Jain's case, AIR 1992 SC 1858, held that the right to education which is implicit in the right to life and personal liberty guaranteed by Art.21 must be construed in the light of the directive principles in Part IV of the Constitution.

3. Right to get education in schools and colleges uninterrupted by political or external influence or forces is also a right which flows from Art.21, the right to life and personal liberty. Right to life is a compendious expression for all those rights which court must enforce because they are basic to the dignified enjoyment of life. It extends to the full range of conduct which individual is free to pursue. In a college or school there may be students with no political allegiance, spending whole time for academic pursuit. There may also be students from families holding different political ideologies. But college or school is the temple of education where we look for moral principles, gentlemanly conduct and intellectual ability for academic excellence, and not for imposing political ideology on others.

4. In the instant case, the college with which we are concerned is college having student strength of more than 3400. On October 30, 1995, at about 11.30 a.m. classrooms A2.2 witnessed an incident where two groups of students having different political ideologies were fighting each other in the class room. The class was in full swing. Six students entered the class room and manhandled some of the students attending the class. In the melee it is reported that even the teacher who was teaching the students was not spared.

5. The Principal on the same day received complaint signed by 16 students, stating that some of the students including additional respondents 3 to 5 entered the class room while the studies were going on and manhandled certain students. Students who were manhandled have also filed complaint on the same day before the Principal of the College. Principal on 31-10-1995 constituted an Enquiry Commission consisting of five teachers to enquire into the incident occurred on 30-10-1995 in the college classroom. Enquiry Commission met on 2-11-1995 decided to issue notices to all the accused students as well as to the complainants. Ext.P1 is one such notice issued to the additional fifth respondent by registered post acknowledgement due. All the students were directed to be present for enquiry to be conducted on 8-11-1995. However, the enquiry could not be conducted on that date, because of Kerala Bandh. The enquiry was adjourned to