SYAMLAL H.S; SARATH S.LAL; JUBIN K.P.; ARAVIND S.B. v. STATE OF KERALA AND OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 3[RD] DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 WP(C) NO. 10081 OF 2018** ## **PETITIONERS:** - **1 SYAMLAL H.S AGED 20 YEARS, S/O.HARIHARAN NAIR, T.C-41, 2264, VLRA-10, VIDHYADHIRAJA LANE, MANACAUD P.O., THIRUVANANTHAPURAM-695009.** - **2 SARATH S.LAL AGED 20 YEARS, S/O.SUBENDULAL K.P., TC-22/532, 63-SMN, CHIRAMUKKU, ATTUKAL, MANACAUD P.O., THIRUVANANTHAPURAM-695009.** - **3 JUBIN K.P. AGED 20 YEARS, S/O.K.V.PAUL, KIDANGAN HOUSE, KUMARANELLUR P.O., OTTUPARA, THRISSUR-680590.** **4 ARAVIND S.B. AGED 21, S/O.SASIDHARAN NAIR S., AKHIL HOUSE, EAST ROAD, VENJARAMOODU, THIRUVANANTHAPURAM-695607.** **BY ADVS. SRI.K.SHAJ SRI.ASWIN T SURESH SRI.ARUN CHAND SRI.C.IJLAL SRI.RENJIT GEORGE SRI.R.N.SANDEEP** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION, 4TH FLOOR, ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **3 THE DIRECTOR DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.** W.P.(C) No.10081 of 2018 2 - **4 THE DIRECTOR OF TECHNICAL EDUCATION PADMAVILASOM STREET, FORT P.O., THIRUVANANTHAPURAM-695023.** - **5 THE GOVERNMENT ENGINEERING COLLEGE REPRESENTED BY ITS PRINCIPAL, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **6 THE PRINCIPAL GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **7 UNION ADVISOR, COLLEGE STUDENTS UNION, GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **8 THE CONVENER ORGANISING COMMITTEE OF "AAGNEYA 2018", GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **9 THE COLLEGE STUDENTS UNION REPRESENTED BY ITS CHAIRMAN, GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **10 THE CHAIRMAN, COLLEGE STUDENTS UNION, GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **11 THE VICE CHAIRPERSON, COLLEGE STUDENTS UNION, GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **12 THE GENERAL SECRETARY, COLLEGE STUDENTS UNION, GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **13 THE TREASURER, COLLEGE STUDENTS UNION, GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM-695035.** - **14 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-695016.** - **15 THE CITY POLICE COMMISSIONER THIRUVANANTHAPURAM-695014.** 3 W.P.(C) No.10081 of 2018 **BY ADVS. SMT.AYSHAMMA ABRAHAM SRI.ELVIN PETER, SC, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY SMT.AYSHA ABRAHAM SRI.RIYAL DEVASSY, GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.10081 of 2018 4 ## **P.V.KUNHIKRISHNAN, J.** **--------------------------------------------W.P.(C) No. 10081 of 2018** **-----------------------------------------------------Dated this the 03[rd] day of June, 2024** ## **JUDGMENT** ## This writ petition is filed seeking the following ## reliefs: “A) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents 5 to 13 to not conduct "Aagneya2018" programme as referred to in Exhibit P11 letter by involving External agencies/Professional groups/Paid programmes in violation of the directions in Exhibits P1 and P3 circular and P9 letter and the direction contained in Exhibit P2 judgment. B) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding respondents 1 to 4 and 14 and 15 to ensure that the programmes of the fifth respondent college, including the programme "Aagneya2018" are not conducted in violation of the directions in Exhibits P1 and P3 circular and P9 letter and the direction W.P.(C) No.10081 of 2018 5 contained in Exhibit P2 judgment and by involving External agencies/Professional groups or professionals. C) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents 6 to 13 not to utilize the college union fund or the funds illegally collected from the students and sponsors to conduct programmes illegally by involving External agencies/Professional groups and a further direction that if expenses are incurred for involving External agencies/Professional groups, those expenses shall not be borne from the college union fund or the funds illegally collected from the students and sponsors; D) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents 6 to 13 to return to the students of the fifth respondent college and third party sponsors the funds illegally collected from them. E) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the fourth respondent to conduct an enquiry into the acts of misappropriation in the conduct of Aagneya17 by illegally utilizing the college funds and to realise the same from the persons who are responsible for the same. F) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the respondents 6 to 13 not to harass the W.P.(C) No.10081 of 2018 6 petitioners for the reason that they have pointed out the illegalities committed by respondents 6 to 13. G) to pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and to award the cost of this petition.”[SIC] 2. When this Writ petition came up for consideration on 23.03.2018, this Court passed a detailed order rejecting the interim prayer of the petitioner. The same is extracted hereunder: “The petitioners, who are students of Government Engineering College, Barton Hill, Thiruvananthapuram, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 5 to 13 not to conduct the Techno Cultural Festival by name 'Aagneya-2018,' as referred to in Ext. P11 letter dated 4.1.2018 of the 6th respondent Principal, by involving external agencies, professional groups, etc. in violation of the directions in Exts.P1 and P3 Government circulars, Ext. P9 letter of the 4[th] respondent dated 5.2.2018 and also the directions contained in the judgment of this Court in Avinash Das B.A. and others v. University of Kerala and others (2015 (4) KLJ 454). W.P.(C) No.10081 of 2018 7 2. On 22.3.2018, this writ petition was moved as 'today motion' based on the request made by the learned counsel for the petitioners. 3. On 22.3.2018, the learned Government Pleader took notice on admission for respondents 1 to 6 and 15 and the learned Standing Counsel for APJ Abdul Kalam Technological University took notice for the 14th respondent. This Court issued urgent notice on admission by special messenger to other respondents returnable by this date. 4. Heard the learned counsel for the petitioners, the learned Government Pleader appearing for respondents 1 to 6 and 15, the learned counsel for respondents 9 to 12 and also the learned Standing Counsel for the 14th respondent, on the question of interim relief sought for. 5. The interim relief sought for in this writ petition reads thus; "For the reasons stated in the writ petition and the accompanying affidavit, it is humbly prayed that this Hon'ble Court may be pleased to direct respondents 5 to 13 to not conduct "Aagneya 2018" programme as referred to in Exhibit P11 letter by involving External agencies/Professional groups/Paid programmes in violation of the directions in Exhibits P1 and P3 circular and P9 letter and the direction contained in Exhibit P2 judgment and to not utilize the college union W.P.(C) No.10081 of 2018 8 fund or the funds illegally collected from the students and sponsors to conduct programmes illegally by involving External agencies/Professional groups respondents 1 to 4 and 14 and 15 ensure that "Aagneya 2018" programme as referred to in Exhibit P11 letter or any other programme of the college are not conducted involving External agencies/Professional groups or other professionals, pending disposal of this writ petition." 6. The learned counsel for the petitioners would submit that there is violation of Exts.P1 and P3 Government Circulars, Ext.P9 letter of the 4th respondent and also Ext.P2 judgment of this Court, in the conduct of Annual Techno Cultural Festival by name 'Aagneya-2018' scheduled to be held from 24.3.2018 to 26.3.2018 and as such, the petitioners are entitled for the interim relief as prayed for. 7. The learned Government Pleader on instructions would submit that 'Aagneya-2018' is an Annual Techno Cultural Festival conducted by the Government Engineering College, Barton Hill, Thiruvananthapuram and the said Festival is scheduled to be held from 24.3.2018 to 26.3.2018 at Kanakakunnu Palace grounds. Around 150 colleges around the country are to participate in the event and that a Government sponsored programme 'VAIBHAV' for the 'differently W.P.(C) No.10081 of 2018 9 abled', for promoting their talents, has also been included in the fest, considering its social value. The learned Government Pleader would also submit that no paid programmes by professional groups/DJ's are permitted. The learned counsel for respondents 9 to 12 has also made similar submissions. The learned counsel has also pointed out that the writ petition moved on 22.3.2018 as 'today motion' is one dated 15.3.2018. 8. The document marked as Ext.P11 is a communication dated 4.11.2018 of the 6[th] respondent Principal, which would show that the Festival was originally scheduled to be held from 16.3.2018 to 18.3.2018 at Kanakakunnu Palace ground. Later, the Festival was postponed to 24.3.2018. The fact that the petitioners were aware of the conduct of such Festival by the issuance of Ext.P11 communication dated 4.1.2018 is not in dispute. On a specific query made by this Court, the learned counsel for the petitioners would submit that the petitioners came to know about the conduct of the Festival in January, 2018 itself. 9. The writ petition filed by the petitioners is one dated 15.3.2018. Since the Festival was adjourned to 24.3.2018, the petitioners, instead of filing the writ petition on 15.3.2018 or 16.3.2018, filed the same on 22.3.2018, and sought permission through their counsel to move it as 'today motion'. The conduct of the petitioners in moving this writ petition which was drafted on 15.3.2018 as 'today motion' on 22.3.2018 can only W.P.(C) No.10081 of 2018 10 be deprecated in the strongest terms. 10. Ext.P2 judgment of this Court was in the context of Ext.P1 circular dated 12.10.2015 issued for regulating smooth functioning of the college and hostel campuses. The modification of Clause 12 of Ext.P1 circular by Ext.P3 circular dated 6.6.2016 was much after Ext.P2 judgment of this Court. The fact that the Festival 'Aagneya-2018' is proposed to be conducted at a place outside the college campus is not disclosed in the statement of facts of the writ petition. The maternal facts are not candidly stated in the writ petition. The learned counsel for the petitioners would submit that, the said fact is discernible from Ext.P11 communication dated 4.1.2018 of the 6th respondent Principal and as such, there is no suppression of material facts from the notice of this Court. 11. It is well settled that, relief under Article 226 of the Constitution of India is not available as a matter of course and in exercising such extraordinary power, the writ court will bear in mind the conduct of the party who is invoking such jurisdiction. If the applicant does not disclose full facts or suppress relevant materials or otherwise guilty of misleading the court, the application is liable to be dismissed, without adjudicating the matter. As held by the Apex Court, the very basis of the writ jurisdiction rests in disclosure of true, complete and correct facts. If material facts are not candidly stated or are suppressed or are distorted, the very functioning of W.P.(C) No.10081 of 2018 11 the writ courts would become impossible. In such circumstances, the petitioners are not entitled for the interim relief sought for in this writ petition. In the result, the interim relief sought for is declined. The respondents to file counter affidavit within three weeks. List after three weeks.” Thereafter, the Writ petition is listed in the defect list today because service to the 13[th] respondent is not complete. After going through the pleadings and the order denying the interim relief, I think the prayers in this writ petition are infructuous. Hence, this Writ petition need not be retained here. Accordingly, this Writ petition is closed. Sd/- **P.V.KUNHIKRISHNAN JUDGE** DM W.P.(C) No.10081 of 2018 12 ## **APPENDIX OF WP(C) 10081/2018** ## **PETITIONER EXHIBITS** |**EXHIBIT P1-**|**THE**<br>**TRUE**<br>**COPY**<br>**OF**<br>**CIRCULAR**| |---|---| ||**NO.26483/G1/15/.EDN. DATED 12/10/2015**| ||**ISSUED BY THE SECOND RESPONDENT.**| |**EXHIBIT P2-**|**THE TRUE COPY OF JUDGMENT IN AVINASH**| ||**DAS B.A. AND OTHERS VS. UNIVERSITY OF**| ||**KERALA AND OTHERS REPORTED IN 2015(4)**| ||**KLJ 454 (MANU/KE/1996/2015).**| |**EXHIBIT P3-**|**THE**<br>**TRUE**<br>**COPY**<br>**OF**<br>**CIRCULAR**| ||**NO.G1/51/2016/H.EDN. DATED 06/06/2016**| ||**ISSUED BY THE SECOND RESPONDENT.**| |**EXHIBIT P4-**|**THE TRUE COPY OF LETTER DATED**| ||**01/02/2018 ISSUED BY THE INFORMATION**| ||**OFFICER OF THE FOURTH RESPONDENT TO**| ||**AHNAS C.K.**| |**EXHIBIT P5-**|**THE TRUE COPY OF RECEIPTS ISSUED TO**| ||**STUDENTS FOR FUNDS TAKEN BY THE**| ||**COLLEGE UNION ACTIVITIES FROM COLLEGE**| ||**STUDENTS OF THE GOVERNMENT ENGINEERING**| ||**COLLEGE,**<br>**BARTON**<br>**HILL,**| ||**THIRUVANANTHAPURAM.**| |**EXHIBIT P6-**|**THE TRUE COPY OF LETTER DATED**| ||**01/02/2017 ISSUED BY RESPONDENTS 5 TO**| ||**13.**| **EXHIBIT P7THE TRUE COPY OF RECEIPTS AND PAYMENTS ACCOUNT STATEMENT FOR THE PERIOD FROM 25/12/2016 TO 21/06/2017 FOR THE PROGRAMME "AAGNEYA IN MARCH 2017 BY THE GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM. EXHIBIT P8THE TRUE COPY OF REPRESENTATION DATED 22/02/2017 SUBMITTED BY THE STUDENTS OF THE GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM TO THE SIXTH RESPONDENT. EXHIBIT P9THE TRUE COPY OF LETTER NO.FIN B3/4166/2018/D.T.E DATED 05/02/2O18 ISSUED BY THE FOURTH RESPONDENT.** W.P.(C) No.10081 of 2018 13 **EXHIBIT P10THE TRUE COPY OF CIRCULAR DATED 16/02/2018 ISSUED BY THE SIXTH RESPONDENT. EXHIBIT P11THE TRUE COPY OF LETTER DATED 04/01/2018 INVITING SPONSORSHIPS FOR THE CONDUCT OF THE SAID PROGRAMME. THE TRUE COPY OF LETTER DATED 04/01/2018 ISSUED BY THE SIXTH RESPONDENT. EXHIBIT P12THE TRUE COPY OF REPRESENTATION DATED 22/02/2018 SUBMITTED BY THE PETITIONERS AND OTHER STUDENTS OF GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM TO THE SIXTH RESPONDENT.** **RESPONDENTS EXHIBITS: NIL** ## **//TRUE COPY//** **PA TO JUDGE**