IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 26^TH DAY OF JUNE 2024 / 5TH ASHADHA, 1946 WP(C) NO. 36971 OF 2018 PETITIONERS:

1 SAM MATHEW, PADINJAREPURAYIL GOLDEN VILLA, KEEZHVAIPUR P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 587.

2 ALAN SAM MATHEW, PADINJAREPURAYIL GOLDEN VILLA, KEEZHVAIPUR P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 587.

BY ADVS.

VARUGHESE M EASO VIVEK VARGHESE P.J.

RESPONDENTS:

1 AKHIL ANIL, POTTUKULATHIL CHIRAYIL HOUSE, KADAPRA P.O., KUMBANADU, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689547.

2 CIRCLE INSPECTOR OF POLICE STATION HOUSE OFFICER, KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR P.O., MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN - 689 587.

3 DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT, PIN - 689 645.

4 BAM COLLEGE, REPRESENTED BY ITS PRINCIPAL, THURUTHIKKADU, MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN - 689 597.

5 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM, PIN - 686 560.

6 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM, PIN - 686 560.

7 UNIVERSITY GRANT COMMISSION (UGC)

REPRESENTED BY ITS CHAIRMAN, BAHADUR SHAH ZAFAR MARG, NEW DELHI, PIN - 110 002.

8 ADDL.R8. MR.ALEX MATHEW, PRINCIPAL, BAM COLLEGE, THURUTHUTHIKADU.

(ADDL.R8 IMPLEADED AS PER ORDER DATED 14/10/19 IN I.A.NO.3/19 IN WP(C)36971/18.)

BY ADVS.

SRI.T.P.PRADEEP SRI.LIJI.J.VADAKEDOM - R4 SHRI.ASOK M. CHERIAN SRI.S.SREEDEV SRI.SURIN GEORGE IPE, SC, M.G. UNIVERSITY SRI.RIYAL DEVASSY, GP SRI.S.KRISHNAMOORTHY, SC (UGC)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 36971 of 2018 ------------------------------------------------------

Dated this the 26th day of June, 2024

JUDGMENT

This writ petition is filed seeking the following reliefs:

“(i) Issue a writ of mandamus directing the 4^th respondent to initiate disciplinary action against all the students including the 1^st respondent who headed the ragging in the 4^th respondent institution;

(ii) to refund the entire amount paid by the

2^nd petitioner including for the counselling, admission and other statutory fees in the 4^th respondent institution; and (iii) to pay an adequate compensation of Rs.5 lakhs to the petitioners by the 4^th respondent institution who were failed to prevent the ragging activities within the campus.”[SIC]

2. When this writ petition came up for consideration 14.11.2018, this Court passed the following order:

“Issue urgent notice by speed post to R1 and R4.

The learned Government Pleader takes notice for R2 and R3.

The learned Standing Counsel (Adv. Asok M.

Cheriyan) takes notice for R5 and R6.

The learned Standing counsel (Adv. S. Krishna Moorthy) takes notice for R7.

The 4^th respondent shall file a statement before this Court why no action was taken against the first respondent inspite of reporting ragging in a complaint made by the second petitioner as against the first respondent. The 6^th respondent shall enquire through any competent subordinate officer in regard to the veracity of the complaint made by the 2^nd petitioner and file a report before this Court.”

3. Based on the above order, an enquiry was conducted by the College, and an Enquiry report was produced as Ext.R4(h). The conclusion in Ext.R4(h) is extracted hereunder:

“6. Conclusion (i) The overall assessment of the statements would show that the issue is occurred not as in the manner stated by Alan Sam Mathew to the Police.

Nobody had supported the said version of Alan Sam Mathew that he was compelled by his seniors to dance in the auditorium while the music programme was going on. On the other hand the sequence of the events shows that initially a verbal altercation started in between Alan Sam Mathew and Akhil Anil when Alan Sam Mathew questioned about the technical failure of the mike set