High Court of KeralaDivision BenchWrit petitions disposed of accordingly.

GuruDeva College of Advanced Studies, KOYILANDY v. State of Kerala & Others

Case / Petition Number:WP(C).Nos.24959, 24960 & 24998 of 2017

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Antony Dominic, J.
  • Anu Sivaraman, J.
Judgment Date
2017-08-11
Court Decision / Holding
Writ petitions disposed of accordingly. If elections are held, petitioners may approach the jurisdictional police officer for necessary protection to ensure smooth conduct of elections and college functioning; interim protection shall be provided as needed.
Final Disposition
Writ petitions disposed of accordingly.

Parties to the Case

Appellants / Petitioners

  • GURUDEVA COLLEGE OF ADVANCED STUDIES, KOYILANDY represented by its Principal
  • ASOK KUMAR aged 64, S/O.KUNHIRAMAN, Principal, GURUDEVA COLLEGE OF ADVANCED STUDIES, KOYILANDY

Respondents

  • The State of Kerala, represented by Chief Secretary, Government of Kerala, Secretariat, Thiruvananthapuram-695001
  • Director General of Police, Police Headquarters, Vazhuthacaud, Thiruvananthapuram-695014
  • Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Vadakara, PIN-673125
  • Circle Inspector of Police, Office of Circle Inspector of Police, KOYILANDY-673305
  • Sub Inspector of Police, Police Station, KOYILANDY-673305
  • Hrithin S.S., 5th Semester, B.A.(English), President, SFI Unit, Paramall (H), Moodadi (P.O), KOYILANDY-673305
  • Harikrishnan, 3rd Semester, BCA, ABVP Unit, Punathil (H), Kollam (P.O)-673305
  • Karthikraj, 3rd Semester, B.COM, KSU Unit, Arpamkunnathu(H), KOYILANDY-673305

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri R.T. Pradeep
  • • Smt. M. Bindudas

Counsels for Respondents

  • • Sri K.S. Arun Kumar
  • • Sri P.P. Thajudeen

Case Synopsis & Summary

These writ petitions—WP(C).Nos.24959, 24960 and 24998 of 2017—were filed by educational institutions affiliated to the University of Calicut seeking police protection to conduct elections and to ensure normal academic functioning in the wake of campus violence. The Court notes that interim orders had been issued earlier, resulting in a restoration of normalcy in the colleges, a position corroborated by the contesting respondents and the Government Pleader. The pivotal issue concerns the management’s choice of election method in line with Lyngdoh Committee recommendations (parliamentary-style elections). The University had not issued any direction mandating a particular election method. The Court, relying on its earlier decision in Principal, E. I. M. S. v. University of Calicut (2016 (4) KLT 474), held that the management possesses the right to decide the election method; even the absence of an election is permissible. Thus, petitioners may select the method they deem suitable or opt not to conduct elections. If resistance or obstruction arises, they may move the jurisdictional police officer for the necessary protection to conduct elections and to ensure smooth college functioning. The writ petitions are disposed of accordingly, with interim protective measures available as needed during elections.

Legal Doctrines & Maxims

  • Lyngdoh Committee recommendations
  • Right of management to choose method of election
  • Principal, E. I. M. S. v. University of Calicut (2016 (4) KLT 474)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners sought police protection to conduct elections and to maintain order in accordance with Lyngdoh Committee recommendations (parliamentary style elections). They argued that there is no directive from the University mandating a specific election method and that the college management has the right to select the method of election or even forgo elections. They submitted that interim orders have restored normalcy and that the court should uphold the management’s prerogative while ensuring protection when elections are conducted.

Contentions of Respondents

The respondents emphasized maintenance of law and order and the need for security to ensure the smooth functioning of colleges. They supported interim arrangements and asserted there was no compulsion from the University to adopt a particular electoral method; they indicated that police protection would be available to facilitate elections and safeguard campus stability if elections were to be held.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Principal, E. I. M. S. v. University of Calicut2016 (4) KLT 474PositiveThe court recognizes and relies on the prior ruling that management has the right to choose the method of election.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 11TH DAY OF AUGUST 2017/20TH SRAVANA, 1939 ## WP(C).No.24959 of 2017 (T) ------------------------------- PETITIONERS: ---------------- 1. GURUDEVA COLLEGE OF ADVANCED STUDIES, KOYILANDY, REPRESENTED BY ITS PRINCIPAL, KOZHIKODE DISTRICT-673305. 2. ASOK KUMAR, AGED 64, S/O.KUNHIRAMAN, PRINCIPAL, GURUDEVA COLLEGE OF ADVANCED STUDIES, KOYILANDY, KOZHIKODE DISTRICT-673305. ## BY ADVS. SRI.R.T.PRADEEP SMT.M.BINDUDAS RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. 3. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, VADAKARA, PIN-673125. 4. CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR OF POLICE, KOYILANDY-673305. 5. SUB INSPECTOR OF POLICE, POLICE STATION, KOYILANDY-673305. WP(C).No.24959 of 2017 (T) -2- ## 6. HRITHIN S.S., 5TH SEMESTER, B.A.(ENGLISH), PRESIDENT, SFI UNIT, PARAMMAL (H), MOODADI (P.O), KOYILANDY-673305. ## 7. HARIKRISHNAN, 3RD SEMESTER, BCA, ABVP UNIT, PUNATHIL (H), KOLLAM (P.O)-673305. ## 8. KARTHIKRAJ, 3RD SEMESTER, B.COM, KSU UNIT, ARPAMKUNNATHU(H), KOOTHALI (P.O.), KOYILANDY-673305. R6 BY ADV. SRI.K.S.ARUN KUMAR BY SR. GOVERNMENT PLEADER SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2017, ALONG WITH WPC. 24998/2017 & WPC. 24960/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24959 of 2017 (T) ---------------------------- ## APPENDIX ## PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT P1 THE COPY OF CIRCULAR DATED 5.7.2017 OF CORPORATE MANAGER ALONG WITH TRUE ENGLISH TRANSLATION. EXHIBIT P2 THE COPY OF ELECTION CIRCULAR DATED 18.7.2017 OF UNIVERSITY. ----------------------- ## **ANTONY DOMINIC & ANU SIVARAMAN, JJ.** ------------------------------------------------ W. P. (C) Nos.24959, 24960 & 24998 of 2017 -----------------------------------------------Dated this the 11[th ] day of August, 2017 ## **JUDGMENT** ## **Antony Dominic, J.** 1. aWhile the first two writ petitions are filed by Self Financing Colleges, the third writ petition is filed by an aided college. All the colleges are affiliated to University of Calicut. The writ petitions were filed on account of the violence in the campus resorted to by students' Unions and outsiders and the main prayer made was for police protection for the smooth conduct of classes in the college and for other purposes. 2. In these cases, interim orders were passed by this Court and on the strength of which, according to the managements, normalcy has been restored in the colleges. 3. This position is confirmed by the learned counsel W. P. (C) Nos.24959, 24960 & 24998 of 2017 -2- appearing for the contesting respondents and the learned Government Pleader. 4. Now, what remains is, the prayer of the management for police protection for conducting election in terms of the Lyngdoh Committee recommendations, namely the parliamentary system of election. Insofar as this issue is concerned, even the petitioners have no case that the University has issued any direction requiring them to conduct election in any particular manner. Even otherwise, the right of the management to choose the method of election has already been recognised by this Court in the judgment in **Principal, E. I. M. S. v. University of Calicut [2016 (4) KLT 474]** . 5. In that view of the matter, it is up to the petitioners to choose the method of election they consider suitably or even not to conduct any election. Therefore, it is ordered that in the event the colleges face any resistance or W. P. (C) Nos.24959, 24960 & 24998 of 2017 -3- obstruction, if election is held, it would be open to the petitioners to move the jurisdictional police officer, who thereupon, will extend them necessary assistance for the smooth conduct of elections as also for the conduct of the colleges. Writ petitions are disposed of accordingly. Sd/- **ANTONY DOMINIC JUDGE** Sd/- **ANU SIVARAMAN JUDGE** kns/- //TRUE COPY// P.S. TO JUDGE W. P. (C) Nos.24959, 24960 & 24998 of 2017 -4- W. P. (C) Nos.24959, 24960 & 24998 of 2017 -5- # **ANTONY DOMINIC, & A. MUHAMED MUSTAQUE, JJ.** ------------------------------------------------ W. P. (C) No.24959 of 2017 -----------------------------------------------Dated this the 27[th ] day of July, 2017 ## **ORDER** ## **Antony Dominic, J.** 1. aGovernment Pleader takes notice for respondents 1 and 2. Notice to others by special messenger. 2. There will be an interim order directing that necessary protection for the smooth conduct of the college will be provided as an interim measure. Post on 07.08.2017 along with W.P.(C) No.24960 of 2017. Sd/- **ANTONY DOMINIC JUDGE** W. P. (C) Nos.24959, 24960 & 24998 of 2017 -6- Sd/- **A. MUHAMED MUSTAQUE JUDGE** kns/- //TRUE COPY// P.S. TO JUDGE