IMPORTANT POINTS:
" The fundamental right of a management to administer and manage cannot be overlooked while considering the issues.
" The College can fix timing for return in the evening, but that timing should also be reasonably fixed. It is only for the purpose of securing the discipline in the hostel, such timing can be fixed.
" When there are competing fundamental rights involved, the Court has to uphold the fundamental right of the management.

Petitioners are the students in Sree Kerala Varma College, Thrissur. Sree Kerala Varma College is having hostel facilities for both boys and girls. The petitioners approached this Court, challenging certain instructions issued by the College authority in regard to the maintenance of discipline in hostel. The petitioners challenge certain specific instructions to be followed by the students contending that it is discriminatory and anti-women. The petitioners refer to the University Grants Commission (hereinafter referred to as “the U G C”) Regulations, 2015. The clause 3.2(13) under the U.G.C. (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 reads as follows:

“3.2.(13) Concern for the safety of women students must not be cited to impose discriminatory rules for women in the hostels as compared to male students. Campus safety policies should not result in securitization, such as over monitoring or policing or curtailing the freedom of movement, especially of women employees and students.”

2. In the light of the above regulation, the learned counsel for the petitioner submitted that apart from certain instruction are violative of fundamental rights. It is also violative of U.G.C. regulation.

3. It is appropriate to refer the instructions issued by the College;

“17. The boarders should not remain in the hostel during working hours of the college without the previous sanction of the warden or resident tutors. Aplication for leave shall be made in writing to the Principal through the Warden.

22. No member of the hostel shall take active part in political meetings, processions or propaganda.

25. Boarders may be permitted to attend pictures or other entertainments only on the day notified by the warden. No boarder shall be permitted to go for the first and second show pictures.

28. Any inmates reported to be mischievous in the college or to be irregular to unpunctual in her attendance or neglecting her studies is liable to suspension or dismissal from the hostel.

4. Before examining the instructions, it is appropriate to examine the nature of power exercised by the College in regard to maintaining the discipline. The supreme authority to impose discipline in a College is its management. Students cannot dictate the management that decision shall be in a particular manner. The fundamental right of a management to administer and manage cannot be overlooked while considering the issues. When there are competing fundamental rights involved, the Court has to uphold the fundamental right of the management. However, while doing so Court will have to find out such measures imposed by the management are measures for to secure the object for which such power is conferred upon. If such measures have no correlation with object for which power is conferred, Court will have to strike down holding it is arbitrary. Therefore, instruction will have to be viewed and consider in the above background. The very purpose of issuing instruction is to maintain the discipline and decorum in the College hostel. The Clause 17 referred as above, it can be found that it is the part of the authority of the management to impose. It only says that boarders should not remain in the hostel during working hours of the College, without previous sanction of warden. The college hostel cannot be a shelter for such students to remain away from the College. Therefore, with a previous sanction of the Warden for any valid reason, such student can remain in the hostel. Therefore, I do not find any scope for interfering with the instruction 17. Instruction No.22, states that no member of the hostel shall take active part in the political meetings, processions or propaganda. This instruction have nothing to do with any discipline in the hostel. It is the fundamental right of every citizen to have its own political views as part of the freedom of expression. That can be only reasonably