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2020 Supreme(Online)(KER) 34063
HIGH COURT OF KERALA
P. B. Suresh Kumar, J
PRINCIPAL, DON BOSCO COLLEGE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/24192/2017
SRI. C.P SUDHAKARA PRASAD AG AND SRI. P.P. THAJUDEEN SR GP
Student organizations cannot disrupt academic activities, which are protected as fundamental rights under Articles 21 and 21A, while student protests must not infringe on others' rights.
Headnote:
Education - Rights of Students - Article 21, Article 21A, Article 19(1)(a) List - This judgment addresses the fundamental rights of students to education and the limits of student organizations' involvement in academic activities, declaring that political organizations do not have rights to disrupt education. The court highlighted that the right to education supersedes political activities, and law enforcement must ensure the academic environment is maintained.
Fact of the Case:
The case involved multiple writ petitions from educational institutions alleging disruption of academic activities due to political student organizations. Complaints were made about excessive disruptions leading to loss of educational days and breaches of fundamental rights concerning education.
Issues: i) Do political organizations have a right to disrupt academic activities? ii) Can students engage in protests and agitations affecting education? iii) What role should police play regarding student unrest?
Ratio Decidendi: The court concluded that organizations of students do not have rights to convene meetings or disrupt academic pursuits and emphasized that police must ensure educational rights are upheld. Freedom of expression must not infringe on the rights of others.
Final Decision: Writ petitions are disposed of, affirming interim orders and directing police to provide necessary protection for academic activities.
J U D G M E N T
This batch of writ petitions involves a few important questions relating to the rights of educational institutions as also that of the students.
2. The writ petitions fall generally under two categories, the cases relating to schools and cases relating to colleges. Most of the writ petitions are instituted by the managements of the educational institutions and some by the parent teacher associations of the institutions concerned. Among the cases relating to schools, most of them relate to schools affiliated to the Central Board of Secondary Education (CBSE) and some relate to aided schools. As far as the cases relating to the schools are concerned, the grievance voiced by the petitioners concerns the disruption of the academic activities caused by organizations of students functioning outside the campus on political lines. As far as the cases relating to the colleges are concerned, the grievance voiced by the petitioners concerns the disruption caused to the academic activities by the students in the campus with the aid of organizations of students functioning on political lines in the campus as also elsewhere. It is not necessary to refer to the facts of all cases, for the facts are more or less identical. I am therefore referring to the facts of one case relating to school and one case relating to college.
3. I shall refer to the facts in W.P.(C) No. 24995 of 2017 which relates to a school first. The writ petition is instituted by the management. The school is one affiliated to the CBSE where 2195 students are pursuing their studies from LKG to Class XII. It is stated that the school is one performing consistently well in academics and also in co-curricular activities and it had secured 100% pass in Grades X and XII during 2016-17. It is also stated that the students of the school are not involved in any political activities within the campus, and organizations of students functioning in the State on political lines are not permitted to function or pursue their activities in the school campus. It is alleged that nevertheless, respondents 4 to 6 organizations of students functioning on political lines in the State have been disrupting the academic activities in the campus for participating the students of the school also in their agitations and protests carried on in the form of strikes purportedly for the benefit of the student community in general in the State. It is also alleged that on account of such disruptions, numerous academic days were lost and the quality of education has been affected adversely. It is also alleged specifically in most of the cases that on account of the disruptions of the aforesaid nature, the institutions concerned are not able to provide the minimum classes insisted to be provided to the students in terms of the stipulations of the CBSE to which the schools are affiliated. In addition, it is also alleged that such activities are affecting the general discipline and academic atmosphere in the school and also resulting in wastage of resources. It is stated that the modus operandi of respondents 4 to 6 organizations is that they would direct the institution to suspend the classes whenever they propose an agitation and if such directions are not adhered to by the school, the members and associates of the associations would barge into the campus, threaten the management with dare consequences and at times, cause damage to properties as well and thereby compel the management to suspend the classes. It is stated by the petitioner that though activities of this nature are promptly informed to the police, the police would never interfere in the matter. The case set out by the petitioner in the writ petition is that the disruptive activities of respondents 4 to 6 are wholly unauthorised and violative of the fundamental rights guaranteed under the Constitution to the students, staff and management of the school. The petitioner, therefore, seeks directions to respondents 1 to 3 police office
