Principal, St. Pius X College, Rajapuram v. Kannur University and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** ## **WEDNESDAY, THE 21ST DAY OF AUGUST 2019 / 30TH SRAVANA, 1941** ## **WP(C).No.22176 OF 2019(V)** ## **PETITIONER:** **PRINCIPAL, ST.PIUS X COLLEGE, RAJAPURAM, KASARAGOD - 671 532, (BY ITS PRESENT PRINCIPAL DR.SR.MARYKUTTY ALEX).** **BY ADVS.** **SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL** ## **RESPONDENTS:** **1 KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THAVAKKARA CIVIL STATION P.O., KANNUR - 670 002.** **2 VICE CHANCELLOR, KANNUR UNIVERSITY, THAVAKKARA CIVIL STATION P.O., KANNUR - 670 002.** **3 DIRECTOR OF STUDENT SERVICES, KANNUR UNIVERSITY, THAVAKKARA CIVIL STATION P.O., KANNUR - 670 002.** ## **BY ADV. SRI.M.SASINDRAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.22176 OF 2019(V)** **2** ## **JUDGMENT** **The Principal of St. Pius X College has filed this writ petition pointing out the difficulties involved in conducting the election to the College Union as directed by the 1[st] respondent University.** **2. The 1[st] respondent University issued Ext.P9 notification on 07.08.2019 by which the election to the College Union was directed to be held as scheduled therein as provided. The University has also issued Ext.P16 letter to all the Principals directing that the election should be held in presidential mode. Petitioner challenges the same. The petitioner has explained the circumstances under which the election cannot be held in a peaceful manner in petitioner College.** **3. According to the petitioner, if election is conducted in their College simultaneously as in all other Colleges, it will create very serious problems which will affect the peaceful and** **WP(C).No.22176 OF 2019(V)** **3** **conducive atmosphere in the College. Producing various reports in respect of the incidents which occurred in the College campus on account of the activities at the instigation of various political parties, students organizations, tresspass by outsiders, dharnas, strikes, boycotts, clashes, destructions etc., creating total unrest and chaos in the campus, resulting in loss of classes, the petitioners have stated that they wanted to conduct the election on a date which is convenient to them. It is stated that they have banned all political as well as organizational activities inside the campus, in order to ensure discipline and quality education.** **4. Relying on the judgment of this Court in** _**Council of Principals' of Colleges v. State of Kerala**_ **[2004 (2) KLT 995], Ext.P14 judgment of the Apex Court in the appeal filed against it and Ext.P15 judgment of this Court in W.P.(C).No.29673 of 2016, it is their contention that the** **WP(C).No.22176 OF 2019(V)** **4** **University does not have any authority to issue any direction to the affiliated Colleges to conduct the election to College Union in a particular manner or to conduct it on a particular date and it is upto the College to decide when and how the election to the College unions has to be conducted. It is pointed out that even though, the Apex Court had passed an interim order in the SLP filed against the judgment in Council of Principals' case (supra) directing to follow the J.M.Lyngdoh Committee Report/Recommendation and the issue as to the scope of judicial legislation in the matter was thereafter referred to a constitution bench, ultimately that issue was not decided for non prosecution of the matter and it resulted in dismissal in Ext.P13 judgment.** **5. At the same time, the learned Standing Counsel points out that the Supreme Court had accepted the position that the elections were being conducted in tune with the J.M.Lyngdoh** **WP(C).No.22176 OF 2019(V)** **5** **Committee Recommendations and issue was closed taking note of the same. It is also pointed out that interference of outsiders or organizations would be far lesser when election is conducted simultaneously.** **6. However this is seriously disputed by the learned counsel for the petitioner, pointing out that once Civil Appeal itself was dismissed the interim order no longer survives. It is also pointed out that in Ext.P14 judgment dated 29.09.2016 in W.P.(C).No.29673 of 2016, all these aspects were considered and it was reiterated that the University does not have any authority to issue any orders directing the Colleges to conduct the election to the College union in a particular manner in the absence of any provision in the University Act which empowers the syndicate for that purpose. Therefore, in the light of settled position of law by virtue of the aforesaid judgments, the directions in Exts.P9 and P16** **WP(C).No.22176 OF 2019(V)** **6** **cannot be enforced against the petitioners College. It would be within the competence of the petitioner College to decide when the election to the College Union has to be conducted and the manner in which it has to be conducted.** **7. In this case the petitioner wants to conduct the election on a day at their convenience which cannot be on a date fixed by the University. I have also declared in Ext.P17 judgment dated 25.07.2019 in W.P.(C) No.17511/2019 that University does not have any right to direct the Colleges to conduct the election on a particular date or in a particular manner. However for the purpose of the election to the University Union, every College would have to furnish the names of the elected representatives of their College Union within the date to be prescribed by the University. At any rate the petitioner cannot have any objection to follow the procedure prescribed in Ext.P9, except for the dates specified therein.** **WP(C).No.22176 OF 2019(V)** **7** **Therefore, the petitioner College would also be entitled to conduct the election on a day convenient to them and also to choose the mode of election. However the list of candidates elected to the College Union shall be furnished to the University before the date to be prescribed by the University. Therefore the directions in Exts.P9 and P16 shall not be enforced against the petitioner College and the same shall stand set aside to the extent it relates to petitioner.** **Sd/P.V.ASHA JUDGE** ww **WP(C).No.22176 OF 2019(V)** **8** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTOCOPY OF THE ORDER DT. 14/11/2016 IN WP(C) NO.36406/2016.** **EXHIBIT P1 A PHOTOCOPY OF THE JUDGMENT DT. 15/12/2016 IN WP(C) NO.36406/2016.** **EXHIBIT P2 PHOTOCOPY OF THE COMPLAINT DT. 19/12/2017, SUBMITTED BEFORE THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION.** **EXHIBIT P3 PHOTOCOPY OF THE COMPLAINT TO THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION DT.31/01/2018. EXHIBIT P4 PHOTOCOPY OF THE COMPLAINT OF THE PRO MANAGER TO THE SUPERINTENDENT OF POLICE DT.09/02/2018. EXHIBIT P5 PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER IN THE RAJAPURAM POLICE STATION DT. 22/12/2018. EXHIBIT P6 PHOTOCOPY OF THE COMPLAINT DT.01/08/2019 SUBMITTED BY THE PETITIONER IN THE RAJAPURAM POLICE STATION ALONG WITH RECEIPT. EXHIBIT P7 PHOTOCOPY OF THE COMPLAINT DT. 07/08/2019 FILED BEFORE POLICE. EXHIBIT P8 PHOTOCOPY OF THE RELEVANT PAGES OF THE COLLEGE CALENDAR. EXHIBIT P9 PHOTOCOPY OF THE ORDER OF THE 1ST RESPONDENT DT. 07/08/2019. EXHIBIT P10 PHOTOCOPY OF THE BYE-LAWS OF THE AFFILIATED COLLEGE/UNIVERSITY CAMPUS STUDENTS' UNION. EXHIBIT P11 PHOTOCOPY OF THE JUDGMENT IN COUNCIL OF PRINCIPAL'S OF COLLEGES V. STATE OF KERALA 2004 (2) KLT 995. EXHIBIT P12 PHOTOCOPY OF THE ORDER OF THE HON'BLE SUPREME COURT REPORTED IN (2006) 8 SCC 304.** **WP(C).No.22176 OF 2019(V)** **9** **EXHIBIT P13** **PHOTOCOPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT DT.01/02/2016.** **EXHIBIT P14** **PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.29673/2016 DT. 29/09/2016.** **EXHIBIT P15** **PHOTOCOPY OF THE INTERIM ORDER DT. 29/08/2016 IN WP(C) NO.31389/2016.** **EXHIBIT P16** **PHOTOCOPY OF THE ORDER OF THE DIRECTOR OF STUDENT SERVICES OF THE 1ST RESPONDENT UNIVERSITY DT. 16/07/2019.** **EXHIBIT P17 PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 17511/2019 DT. 25/07/2019.**