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2025 Supreme(Online)(Ker) 32752
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.HARIPRASAD, J
Dr M.K. Narayanan – Appellant
Versus
Kerala Veterinary and Animal Sciences University – Respondent
WP(C) No.33291/2024 | WP(C) No.35376/2024
For the Appellants/Petitioners: Mr P C Sasidharan, Ms Sneha M S
For the Respondents: Mr P Sreekumar, Mr S Prasanth, Mr Manu Govind, Ms Nisha George, Mr Premchand R Nair
Educational institutions have a stringent duty to ensure student safety and prevent ragging. Administrative negligence in this duty can result in significant consequences, including disciplinary actions against responsible officials.
Headnote:(A) Kerala Veterinary and Animal Sciences University Act, 2010 - Sections 9(7) and 9(9) - Administrative lapses leading to a student's death - Petitioners suspended due to findings of an inquiry into their failure to prevent ragging and ensure student safety - Chancellor directed an inquiry into the matter citing lapses by university authorities. (Paras 6, 8, 24-26)
(B) Duty of Care - Educational institutions must ensure a safe environment for students, and failure to act against known delinquent behavior constitutes negligence and could lead to severe consequences. (Paras 24.1-24.4)
(C) Ragging - Defined as conduct causing fear, embarrassment, or harm to students - Educational institutions bear the primary responsibility to prevent and address ragging incidents per UGC regulations. (Paras 19, 22)
Facts of the case:
Doctors Narayanan and Kanthanathan were responsible for the administration of a hostel where a student suicided after severe ragging. Their administrative negligence led to their suspension.
Issues: The court addressed whether the Chancellor's inquiries violated the university's disciplinary procedures and how responsibility was to be assigned amidst administrative failures.
Findings of Court:
The Chancellor’s power delineated the scope of authority concerning administrative actions following the death of a student.
Ratio Decidendi: The court established that university heads, including the Chancellor, have overarching responsibilities to investigate and act on misconduct. Failure to address prior incidences constituted negligence.
Result: The university was ordered to proceed with disciplinary actions against the petitioners expeditiously.
| Table of Content |
|---|
| 1. incident description and responsibilities of university officials (Para 2 , 3 , 4) |
| 2. results of inquiry committee and findings regarding responsibility (Para 5 , 6) |
| 3. chancellor’s appointment of commission of inquiry and its terms (Para 7 , 8 , 9) |
| 4. petitioners faced disciplinary actions due to administrative failures (Para 10 , 11 , 12) |
| 5. judicial perspective on ragging and institutional accountability (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. court's rejection of university's inaction and emphasis on accountability (Para 24) |
| 7. court's directive for disciplinary action against petitioners (Para 25 , 26) |
JUDGMENT
[WP(C) Nos. 33291/2024, 35376/2024]
Heard Mr P C Sasidharan and Ms Sneha M S learned Counsel appearing on behalf of the petitioners; Mr P Sreekumar learned Senior Counsel assisted by Mr S Prasanth, learned Standing Counsel for the Chancellor of Universities; Mr Manu Govind learned Standing Counsel for Kerala Veterinary and Animal Sciences University; Ms Nisha George learned Counsel of the 6th respondent and Mr Premchand R Nair learned Senior Government Pleader.
Facts
2. The petitioner in W.P.(C) No.35376/2024, Dr M.K. Narayanan, was functioning as Dean of the College of Veterinary and Animal Sciences of the Kerala Veterinary and Animal Sciences University (KVASU). The petitioner in W.P.(C) No.33291/2024 is the Assistant Warden of the Men’s Hostel of KVASU. Being the Dean of the Colleges, the petitioner, Dr M.K. Narayanan, was the Warden of the said Hostel.
One student, Sidharthan J S, a second-year BVSc and AH course of the College, aged around 21 years as on the date of the incident, was found hanging in the bathroom of the dormitory of the Undergraduate Men’s Hostel in the College Campus on 18.02.2024.
2.1 The complaint and information received from some students at the College by the UGC Anti-ragging helpline was transmitted to the Dean of the college, with a copy to the Vice Chancellor. An anti-ragging squad of the College investigated the case, and its report confirmed that Sidharthan J S was subjected to brutal physical abuse and public trial by a section of students, which amounted to ragging.
3. The report of the anti-ragging squad dated 01.03.2024 and 07.03.2024 confirmed the ragging of the deceased student, holding the Dean and the Assistant Warden responsible for administrative lapses and failure in observing the Rules and Regulations prohibiting ragging in Higher Education Institutions. Accordingly, the Vice-Chancellor called for an explanation from Dr M.K. Narayanan and Dr R. Kanthanathan, the petitioners in these two writ petitions, who were the Dean and the Assistant Warden, respectively, having immediate responsibility to ensure the right behaviour and maintain discipline of the hostel inmates.
4. A three-member Inquiry Committee was constituted by the Vice Chancellor of the University to inquire into the alleged administrative lapses on the part of the petitioners leading to the death of Sidharthan J S on 18.02.2024 at the UG Men’s hostel of the College of Veterinary and Animal Sciences, Pookode, Wayanad District, Kerala, a constituent College of the University. The said Inquiry Report is part of W.P.(C) No.33291/2024 as Ext.P9.
4.1 The notice issued to Dr M.K. Narayanan, Dean, directed him to furnish an explanation on the following points:
“1. Failure on knowing the reported ragging and the torture of Sidharthan J.S in Hostel room and Hostel premises.
2. Failure of keeping in place, in Hostel and its premises the needed precautions, to prevent such an unruly behaviour of some sections of students.
3. Failure or routine patrolling and inspection in Hostels by Assistant Warden and Warden
4. Failure of bringing the incident of death of student Sidharthan J.S to Police and Higher authorities in time.
5. Failure to report the assaulting of the Sidharthan J.S to the parents or the University Officials by the Dean or any other College officials.
6. Failure to give a convincing explanation to the parents and H
