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2019 Supreme(Online)(Ker) 84910

KERALA HIGH COURT
, J
Sree Sankara Vidyapeetom College, Perumbavoor, Ernakulam District – Appellant
Versus
Board for Adjudication of Students Grievances, Mahatma Gandhi University, Kottayam – Respondent
Writ Appeal No. 23586 of 2019



Advocates:
For the Appellants/Petitioners: Dr. K. P. Satheesan
For the Respondents: Mr. Asok M. Cherian

The court affirmed the authority of the Board for Adjudication of Students Grievances to address student disciplinary complaints, emphasizing adherence to statutory procedures established in education law.

Headnote:(A) Mahatma Gandhi University Statutes, 1997 - Chapter 27 - Board for Adjudication of Students Grievances - Writ Court ordered the Chairman to finalize grievances complaint within two months, adhering to statutory procedure - College suspended students for misconduct - College's refusal to follow grievance procedures led to appeal. (Paras 1, 4, 8, 16)

(B) Legal Principles - A student can seek redressal of grievances under the laws governing disciplinary actions within a college setting - The Principal holds supremacy in maintaining discipline in consultation with the College Council. (Paras 11, 25)

Facts of the case:
The appellant college suspended eleven students, including the petitioner, for protest-related misconduct, leading the petitioner to allege unfair treatment and violation of natural justice while seeking intervention from the Grievance Board. (Paras 2, 3)

Findings of Court:
The court upheld the writ court's ruling, asserting the right of students to address disciplinary grievances and confirming the procedure laid out in the Statutes must be followed. (Paras 24, 26)

Issues: Whether the Board for Adjudication of Students Grievances has jurisdiction over disciplinary matters and the appropriateness of the procedures followed in the disciplinary action against the students. (Paras 7, 16)

Ratio Decidendi: The court declared that the authority of the Principal is paramount and that the Board possesses jurisdiction to address student grievances, ensuring a statutory process must be adhered to. (Paras 25, 26)

Result: Appeal dismissed.

Table of Content
1. writ appeal background and student protests. (Para 1 , 2)
2. allegations of violation of natural justice. (Para 3 , 4)
3. admission of wrongdoing by the student. (Para 5)
4. disciplinary authority jurisdiction dispute. (Para 6)
5. procedures and powers under statutory rules. (Para 7 , 11 , 12 , 13 , 19)
6. clarification on board composition and potential bias. (Para 10 , 14)
7. limitations of vice chancellor's delegation of power. (Para 15 , 16 , 26)
8. recognition of disciplinary actions and students' grievances. (Para 18 , 20 , 21 , 22 , 23)
9. judgment dismissal based on lack of merit. (Para 24 , 25)

1. Challenge in this writ appeal is to the judgment dated 23/10/2019 passed in W. P. (C) No. 23586 of 2019, by which the writ court directed the Chairman of Board for Adjudication of Students Grievances, Mahatma Gandhi University, Kottayam, respondent No.4 therein, to finalise the complaint preferred by writ petitioner, in accordance with the procedure contemplated under Chap.27 of the Statutes, 1997, at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment made the said writ petition after providing notice of hearing to the petitioner as well as respondents 1 and 2.

2. Short facts leading to the appeal are that.
Respondent No.1 is a III Year B.Sc. (Computer Science) student of the appellant College. According to him, there was a dispute relating to timing of the opening of the college gates. Complaint was not responded as a result of which, students of the appellant College conducted a protest by blocking the college gates. College authorities suspended eleven students, including the general secretary and campus union representative, for fifteen days, pending enquiry.

3. Before the writ court, petitioner contended that he is innocent and the Principal of Sree Sankara Vidyapeetom College, Perumbavoor, Ernakulam district, 2nd appellant herein, deliberately included him. Petitioner raised grounds alleging violation of principles of natural justice.

4. The Principal, Sree Sankara Vidyapeetom College, Perumbavoor, Ernakulam District, appellant No.2, submitted that he received a telephonic message from the Assistant Professor informing that his child was seriously ill and when he went to the main entrance to go to the school where his child is studying, writ petitioner along with others forcibly closed the main entrance by parking their motorcycles in front of the gate obstructing the passage. Security personnel could not remove the motorcycles. The Assistant Professor gave a complaint to the appellants narrating the entire incident. On receipt of the complaint, Exhibit - R2(c), the Principal Sree Sankara Vidyapeetom College, Perumbavoor, Ernakulam District, appellant No.2, convened a College council meeting on 05/07/2019. The College council took a decision to suspend eleven students involved in the above incident. After placing the petitioner and others under suspension, the Principal, Sree Sankara Vidyapeetom College, appointed an Enquiry Commission to conduct a detailed enquiry with respect to the incident which happened on 04/07/2019. The Enquiry Commissioner conducted an enquiry and a detailed report was submitted. After considering the Enquiry Commission's report, the College council decided to take a lenient view and instructed the students, to express their regret in respect of the incident which occurred on 04/07/2019. Accordingly, on 22/07/2019 a printed format of the affidavit was given to all the eleven students. The Principal, Sree Sankara Vidyapeetom College, Perumbavoor, appellant No.2, further submitted that instead of giving an affidavit as required by the College council, writ petitioner and others sought assistance of politicians. All of them forcibly entered into the room of the Principal, and refused to give the affidavit in printed format. The Principal was confined in her room by the petitioner and others. The said incident happened on 23/07/2019. Writ petitione








































































































































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