IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
The Manager, Kuriakose Elias College, Mannanam & Another - Petitioner
Versus
State of Kerala Represented by its Chief Secretary to Government, Government Secretariat, Thiruvananthapuram - Respondents
WP(C).No. 25465 of 2007 (F)
Decided On : 24-08-2017
The 1st petitioner is the Manager and the 2nd petitioner is the Principal of Kuriakose Elias College, Mannanam, a First Grade College established and administered by the Carmelites of Mary Immaculate (CMI) Congregation. It is an Aided College affiliated to Mahatma Gandhi University. The petitioners have filed this writ petition seeking a writ of certiorari to quash Ext.P7 Government Order dated 7.7.2007 and also for a declaration that Ext.P7 order is arbitrary, illegal and ultra vires and hence void.
2. On 22.8.2007 this Court admitted the writ petition on file and issued notice to the respondents by speed post. This Court has also granted an interim stay of operation of Ext.P7 order, initially for a period of two months, which was extended from time to time. The writ petitioners filed I.A.No.14525 of 2007 seeking an order to implead 9 teachers who are the beneficiaries of Ext.P7 order, as additional respondents in this writ petition. On 5.11.2007, this Court allowed the said interlocutory application and those teachers were impleaded as additional respondents 6 to 14 and the writ petitioners were directed to take out notice to those additional respondents by speed post. After completion of service of notice, this Court extended the interim stay until further orders on 7.2.2008.
3. Despite service of notice, none of the respondents have chosen to file any counter affidavit.
4. Heard learned counsel for the petitioners, learned Government Pleader for respondents 1 to 3, learned Standing Counsel for the 4th respondent University, learned counsel who appeared for the 5th respondent Association and also for additional respondents 6 to 14.
5. The sole issue that arises for consideration in this writ petition is as to whether Ext.P7 Government order can be sustained in law.
6. In Sojan Francis v. M.G. University (2003 (2) KLT 582) a Division Bench of this Court held that the management of a minority or non-minority institution can lay down the code of conduct to be followed by the management, teachers and non-teaching staff as well as the students, in order to safeguard the interests of all including the management, teaching and non-teaching staff and student community and to maintain discipline. Pursuant to the said decision of this Court, the 1st petitioner Manager banned political and organisational activities within the college campus, vide an order dated 15.6.2003. The All Kerala Private College Teachers' Association (AKPCTA), the 5th respondent Association, through its Branch Secretary, Kuriakose Elias College Unit, issued Ext.P1 notice dated 23.6.2003 to the 2nd respondent Principal, stating that the teachers propose to hold demonstration in front of the college on 25.6.2003, from 10.00 am to 1.00 pm, to mark their protest against the proposed 'Unified University Bill'. On receipt of such notice, the Principal forwarded the same to the Manager, who in turn issued Ext.P2 reply to the said Association, informing that the request made in Ext.P1 notice to hold demonstration in front of the college cannot be acceded to, in view of the order dated 15.6.2003 issued banning politics within the college campus.
7. Despite Ext.P2 reply, 7 teachers conducted demonstration (dharna) in the college campus on 25.6.2003, during class hours. Among those teachers, 6 teachers absented from their duty without making any alternate arrangements and without duly applying for leave. A shed (panthal) was also put up in the college campus, without the permission of college authorities. The Manager issued show-cause memo to those 7 teachers, who participated in the demonstration. On 30.6.2003, those teachers gheraoed the Principal. On 12.7.2003, the 5th respondent Association published a notice declaring a protest march to the college on 15.7.2003. Apprehending law and order situation, the petitioners approached this Court in W.P.(C)No.22199 o
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