W.P.(C) 3476 of 2017 & connected cases (batch), High Court of Kerala, Ernakulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.3476 OF 2017(H)** ## **PETITIONER:** **PROF. RAJU KURUVILLA, AGED 71 YEARS MANAGER CORPORATE MANAGEMENT OF SCHOOLS,ST. THOMAS VALIYAPALLY EDAVAKA,RANNY, PATHANAMTHITTA DISTRICT.** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN-695001** - **2 STATE POLICE CHIEF, POLICE HEADQUARTERS, VAZHUTHAKADU, THIRUVANANTHAPURAM PIN-695010** - **3 DISTRICT POLICE CHIEF PATHANAMTHITTA, MAKKAMKUNNU, PATHANAMTHITTAPIN-689645** - **4 CIRCLE INSPECTOR OF POLICE RANNI, PIN-689672, PATHANAMTHITTA DIST.** W.P.(C) No.3476 of 2017 & con. cases 2 - **5 STUDENTS FEDERATION OF INDIA (SFI) RANNI TALUK UNIT REPRESENTE DBY ITS TALUK SECRETARY, ROBIN J.THAMBI, C/O. SECRETARY, CPI(M) AREA COMMITTEE OFFICE, THOTTAMON, RANNY, PATHANAMTHITTA PIN-689672** - **6 KERALA STUDENTS UNION (KSU) RANNI TALUK UNIT, REPRESENTED BY ITS TALUK PRESIDENT,FEBIN CHETHAKKAL, C/O. PRESIDENT, CONGRESS(I) BLOCK COMMITTEE, PAZHAVANGADI, RANNY, PATHANAMTHITTA PIN-689672** - **7 AKHILA BHARATHIYA VIDYARTHI PARISHAT (ABVP) RANNI TALUK UNIT,REPRESENTED BY ITS SECRETARY,LEBIN BAIJU, C/O. MANDALAM PRESIDENT, BJP, THAMARASSERIL BUILDING, MAMUKKU, PAZHAVANGADI RANNY, PATHANAMTHITTA PIN-689672** **SRI. C.P SUDHAKARA PRASAD AG AND SRI. P.P. THAJUDEEN SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).21770/2017(U) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.21770 OF 2017** ## **PETITIONER:** **BHAVAN'S N A PALKHIVALA ACADEMY FOR ADVANCED LEGAL STUDIES & RESEARCH (BHAVAN'S PALSAR) P.B. NO.8, RAMANATTUKARA PO,KOZHIKODE676633,REP. BY ITS PRINCIPAL.** **BY ADVS.** **SRI.SHYAM PADMAN SRI.C.M.ANDREWS SMT.BOBY M.SEKHAR** ## **RESPONDENTS:** - **1 SUB INSPECTOR OF POLICE, FEROKE FEROKE, KOZHIKODE.676631.** - **2 SUB INSPECTOR OF POLICE THENHIPALAM, MALAPPURAM,673636.** - **3 COMMISSIONER OF POLICE KOZHIKODE.673001.** - **4 DEPUTY SUPERINTENDENT OF POLICE MALAPPURAM, MALAPPURAM-673573.** W.P.(C) No.3476 of 2017 & con. cases 4 - **5 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695001.** - **6 SARJAS A.T 8TH SEMESTER, AGED 25, S/O HUSSAIN KOYA A.T,14/51, CHAKKERI KADUPARAMBU, ARAKKINAR PO, CALICUT.673028.** - **7 AKSHAY BABURAJ 8TH SEMESTER, AGED 22, S/O BABURAJ, KANNAMKULAM KALARAIKKAL (H),CHENTRAPPINNI PO, THRISSUR.680687.** - **8 NAVNEETH MN. 6TH SEMESTER, AGED 20, MUKUNDARAJ K, NAVATHARA HOUSE,VELIMUKKU PO, POTTAMMAL, MALAPPURAM-676317.** - **9 ANFAS C.K 4TH SEMESTER, AGE 24, S/O ASHRAF, KELANKANDIYIL HOUSE, KAKKATTIL PO, KOZHIKODE.673507.** - **10 FASAL M.P 4TH SEMESTER, AGE 24, MOIDEEN KOYA, CHAPPANGAYL HOUSE, PARAMBIL PO, PARAMBIL BAZAR, KOZHIKODE. 673012.** - **11 MIDHUN KRISHNA K 4TH SEMESTER KOTTEKKOT HOUSE, PATHAIKKARA POST, PERINTHALMANNA, MALAPPURAM,679322.** - **12 ASIF RAHMAN M, 2TH SEMESTER, AGE 19, S/O ABBDULKHADER M, MEZHUVANGAL NEDIYANAD, NARIKKUNI PO, KOZHIKODE. 673585.** W.P.(C) No.3476 of 2017 & con. cases 5 - **13 JINEESH LAL M 8TH SEMESTER, AGE 25, S/O SHANMUGHAN M, MELEVADAKKENI (H),FAROOK COLLEGE PO,KOZHIKODE.673632.** - **14 JAMSHEER K** - **2TH SEMESTER, AGE 28, S/O EBRAHIM MP.KEEREERAKATH, CHUZHALI PO, KANNUR.670631.** - **15 SAREER AKRAM C.T** **8TH SEMESTER, AGE22, S/O ZAKIR HUSSAIN CT,21/116A, "SOLACE, G.S.A ROAD,KALLAI, KOZHIKODE.673003.** - **16 MOHAMMED SHAREEF PAINATTIL** **8TH SEMESTER, AGE 28, S/O SHAREEF PAINATTIL,PAINATTIL HOUSE, KARUMBIL, VENNIYOUR PO,MALAPPURAM -676508.** - **17 BALRAJ A.S** **8TH SEMESTER, AGE 25, S/O BABYRAJ M,KARTHIKA HOUSE, VALLIKUNNU,MALAPPURAM-673314.** **R1, R6 BY ADV. SRI.NIRMAL. S** **R1, R7 BY ADV. SMT.VEENA HARI** ## **OTHER PRESENT:** **C.P SUDHAKARA PRASAD AG AND P.P. THAJUDEEN SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.23272 OF 2017** ## **PETITIONER:** **MARTHOMA PRIVATE INDUSTRIAL TRAINING INSTITUTE CHERUKOLE.P.O., KOZHENCHERRY REPRESENTED BY ITS ADMINISTRATOR, K.CHERIAN MATHEWAGED 85 YEARS, S/O. K.G. CHERIANRESIDING AT KURUNTHOTTICKAL HOUSE, MELUKKARA.P.O.KOZHENCHERRY** **BY ADVS. SRI.CHERIAN GEE VARGHESE SRI.P.HARIDAS SRI.P.C.SHIJIN** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPT. OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001** - **2 DISTRICT POLICE CHIEF PATHANAMTHITTA- 689 645** - **3 DEPUTY SUPERINTENDENT OF POLICE PATHANAMTHITTA- 689 645** - **4 CIRCLE INSPECTOR OF POLICE KOZHENCHERRY- 689 650** W.P.(C) No.3476 of 2017 & con. cases 7 - **5 SUB INSPECTOR OF POLICE ARANMULA- 689 650** - **6 UNIT SECRETARY STUDENTS FEDERATION OF INDIA(SFI), MARTHOMA PRIVATE INDUSTRIAL TRAINING INSTITUTE, CHERUKOLE.P.O., ALSO AT COMMUNIST PARTY OF INDIA(MARXIST)(CPIM), KOZHENCHERRY AREA COMMITTEE, 689650** - **7 UNIT SECRETARY KERALA STUDENTS UNION(KSU), MARTHOMA PRIVATE INDUSTRIAL TRAINING INSTITUTE, CHERUKOLE.P.O., ALSO AT INDIAN NATIONAL CONGRESS, KOZHENCHERRY BLOCK COMMITTEE- 689 656** - **8 UNIT SECRETARY AKHILA BHARATIYA BIDHYARTHI PARISHAD (ABVP), MARTHOMA PRIVATE INDUSTRIAL TRAINING INSTITUTE, CHERUKOLE.P.O.ALSO AT OFFICE OF AKHILA BHARATHIYA VIDYARTHI PARISHAD(ABVP), KOZHENCHERRY-689 650** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.23308 OF 2017** ## **PETITIONER/S:** **ST. MARY'S COLLEGE OF COMMERCE & MANAGEMENT STUDIES THURUTHIPLY, VALAYANCHIRANGARA P.O. ALLAPRA, PERUMBAVOOR, ERNAKULAM DIST. PIN- 683 556 REP. B Y ITS MANAGER T.T. JOY, AGED 65 YEARS, S/O THARAU, RESIDING AT THOMBARA HOUSE, THIRUTHUPILLY, PERUMBAVOOR** **BY ADV. SRI.JOSEPH M.P.** ## **RESPONDENTS:** - **1 THE DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR- 683 556, ERNAKULAM DIST.** - **2 THE SUB INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR- 683 556, ERNAKULAM** - **3 SREECHIT SIVAN MUTHIYERIKUNNEL HOUSE, VENGOLA VILLAGE, ALLAPRA P.O. PERUMBAVOOR- 683 556, ERNAKULAM** - **4 VISHNU SURESH S/O SURESH, CHAYAT HOUSE, W.VENGOLA, ERNAKULAM- 683 556** W.P.(C) No.3476 of 2017 & con. cases 9 **5 VIVEK S/O SURESH, CHAYAT HOUSE, W.VENGOLA, ERNAKULAM- 683 556** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR GP R1, R4 BY ADV. SRI.S.MANU** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.23860 OF 2017** ## **PETITIONER:** **BROOK INTERNATIONAL SCHOOL REPRESENTED BY ITS PRINCIPALFR.DR.G.ABRAHAM THALOTHIL, RAJAGIRI, SASTHAMCOTTA P.O., KOLLAM.** **BY ADVS. SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN SRI.T.K.SANDEEP** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** - **2 STATE POLICE CHIEF STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010.** **3 DISTRICT POLICE CHIEF KOLLAM RURAL, KOTTARAKKARA P.O., KOLLAM - 691 532. 4 SUB INSPECTOR OF POLICE SASTHAMCOTTA, KOLLAM, PINCODE - 690 521.** W.P.(C) No.3476 of 2017 & con. cases 11 - **5 STUDENTS FEDERATION OF INDIA (SFI) AREA SECRETARY, OFFICE OF COMMUNIST PARTY OF INDIA (M),BHARANIKAVU, SASTHAMKOTTA P.O., KOLLAM, PINCODE - 690 521.** - **6 ALL INDIA STUDENTS FEDERATION (AISF) AREA SECRETARY, OFFICE OF COMMUNIST PARTY OF INDIA (M)BHARANIKAVU, SASTHAMKOTTA P.O., KOLLAM,PINCODE - 690 521.** - **7 AKHILA BHARATHEEYA VIDYARTHI PARISHAD (AVBP) SECRETARY, MANDALAM COMMITTEE, KUNNATHOOR, KOLLAM - 690 540.** - **8 KERALA STUDENTS UNION (KSU) SECRETARY, BHARANIKAVU, SASTHAMKOTTA P.O., KOLLAM PINCODE - 690 521.** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 12 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** **WP(C).No.24192 OF 2017** ## **PETITIONER:** **PRINCIPAL, DON BOSCO COLLEGE SULTHAN BATHERY, WAYANAD DISTRICT-673592,BY ITS PRESENT PRINCIPAL DR. FR.JOY ULLATTIL.** **BY ADVS.** **SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR GENERAL OF POLICE STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010.** - **3 SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, PUTHOOR VAYAL P.O., KALPETTA, WAYANAD-673121.** - **4 SUB INSPECTOR OF POLICE SULTHAN BATHERY POLICE STATION, SULTHAN BATHERY, WAYANAD-673592.** W.P.(C) No.3476 of 2017 & con. cases 13 - **5 JISHNU VENUGOPAL S/O.P.V.VENUGOPAL, PURAKKDI HOUSE, MEENANGADI P.O., WAYANADU DISTRICT.** - **6 ARSHID K.P. S/O.K.P.ABOOBAKER, KARIYATHUMPOYIL HOUSE, VYTHIRI P.O., WAYANAD.** - **7 FEBIN** - **S/O.SULAIMAN, WARD 25/17 MUNDARAYIN HOUSE, CHEERAL P.O., WAYANAD-673595.** - **8 LIJO JOHNY S/O.JOHNY, WARD 13/17 AYYAMVELIL HOUSE, KUPPADI P.O., WAYANAD-673592.** - **9 HARIKRISHNAN** - **S/O.JAYAPRAKASAN, WARD 31/17 KARIKULATHU HOUSE, KALLUR, NOOLPUZHA P.O., WAYANADU-673592.** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 14 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.24421 OF 2017** ## **PETITIONER:** **A.P.SAJUKUMAR, AGED 48 YEARS S/O.K.PRABHAKARAN,(THE PRESIDENT), PARENT TEACHER ASSOCIATION,GOVT. HIGHER SECONDARY SCHOOL, KULATHUMMAL,KATTAKKADA, RESIDING AT CHATHAYAM,GANAPATHYAMKUZHI, ARYANAD P.O.,THIRUVANANTHAPURAM 695 125.** **BY ADV. SMT.KEERTHI SOLOMON** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARAIT, THIRUVANANTHAPURAM 695 001.** - **2 THE SECRETARY DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **3 THE PRINCIPAL GOVERNMENT HIGHER SECONDARY SCHOOL, KULATHUMMAL, KATTAKADA, THIRUVANANTHAPURAM.** W.P.(C) No.3476 of 2017 & con. cases 15 - **4 THE SUPERINTENDENT OF POLICE RURAL POOJAPURA JUNCTION, THIRUVANANTHAPURAM 695 012.** - **5 THE CIRCLE INSPECTOR OF POLICE KATTAKADA POLICE STATION,THIRUVANANTHAPURAM - 695 572.** - **6 THE SUB INSPECTOR OF POLICE KATTAKADA POLICE STATION, THIRUVANANTHAPURAM 695 572.** - **7 UNIT SECRETARY STUDENTS FEDERATION OF INDIA (KATTAKADA UNIT), NEAR GOVERNMENT HOSPITAL, KATTAKADA,THIRUVANANTHAPURAM - 695 572.** - **8 UNIT SECRETARY KERALA STUDENTS UNION (KATTAKADA UNIT), OFFICE NEAR CHRISTIAN COLLEGE, KATTAKADA,THIRUVANANTHAPURAM 695 572.** - **9 UNIT SECRETARY AKHILA BHARATHIYA VIDYARTHI PARISHATH (KATTAKADA UNIT), OFFICE AT KATTAKADA JUNCTION,THIRUVANANTHAPURAM 695 572.** - **10 UNIT SECRETARY** - **ALL INDIA STUDENTS FEDERATION (KATTAKADA UNIT) NEAR KSRTC BUS STAND, KATTAKADA, THIRUVANANTHAPURAM 695 572.** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 16 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.24629 OF 2017** ## **PETITIONER:** **M.M.A. HIGHER SECONDARY SCHOOL, MARAMON REPRESENTED BY ITS MANAGER REV. C.V SIMONMARAMON P.O, KOZHENCHERRY,PATHANAMTHITTA 689 548** **BY ADV. SRI.N.N.SASI** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY HOME SECRETARY**| ||**SECRETARIAT BUILDING, TRIVANDRUM.**| |**2**|**CIRCLE INSPECTOR OF POLICE**| ||**KOZHENCHERRY, KOZHENCHERRY P.O,**| ||**PATHANAMTHITTA 689 641**| |**3**|**SUB INSPECTOR OF POLICE**| ||**KOIPPURAM, PULLAD P.O, KOZHENCHERRY,**| ||**PATHANAMTHITTA**| |**4**|**STUDENTS FEDERATION OF INDIA (S.F.I)**| ||**S F I LOCAL COMMITTEE, KOZHENCHERRY,REPRESENTED**| ||**BY ITS SECRETARY DONIYC/O. C.P.I(M) LOCAL**| ||**COMMITTEE OFFICENEAR GOVT. HOSPITAL,**| ||**KOZHENCHERRY 689 641**| W.P.(C) No.3476 of 2017 & con. cases 17 - **5 KERALA STUDENTS UNION (K.S.U) K.S.U MANDALAM COMMITTEE,** **KOZHENCHERRY,REPRESENTED BY ITS UNIT PRESIDENT, SREELALC/O. ADV. JOHN PHILIPOSE, KOTTAKKATHETTU HOUSE,KOZHENCHERRY EAST P.O, KOZHENCHERRY,PATHANAMTHITTA 689 641** - **6 AKHIL BHARATHIYA VIDHYARTHI PARISHAT(A.B.V.P) NAGAR UNIT, KOZHENCHERRY, REPRESENTED BY ITS NAGAR SECRETARY ANAND SANKAR, C/O SECRTARY, BJP KARYALAYAM,COLLEGE ROAD, KOZHENCHERRY 689 641** - **7 ALL INDIA STUDENTS FEDERATION (AISF) REPRESENTED BY ITS SECRETARY, SHINS V. NAIRC.P.I LOCAL COMMITTEE OFFICE,KOZHENCHERRY, PATHANAMTHITTA DISTRICT 689 641** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 18 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.24913 OF 2017** ## **PETITIONER:** **LAKEFORD SCHOOL, KOLLAM** **KAVANAD, KOLLAM, REPRESENTED BY ITS CHAIRMAN, K.AMRITHA LAL, AGED 65 YEARS, S/O V.G.KUNJU PANICKER, AMRITHAM, THAYASSERI, KOLLAM -691007.** **BY ADVS.** **SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN SRI.T.K.SANDEEP** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT, THIRUVANAHAPURAM, PIN-695001** - **2 STATE POLICE CHIEF STATE POLICE HEADQUARTERS,VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010.** - **3 COMMISSIONER OF POLICE KOLLAM CITY, KOLLAM-691 001** - **4 SUB -INSPECTOR OF POLICE KAVANAD, PIN- 691003** W.P.(C) No.3476 of 2017 & con. cases 19 - **5 STUDENTS FEDERATION OF INDIA (SFI) AREA SECRETARY, OFFICE OF COMMUNIST PARTY OF INDIA (M) LOCAL COMMITTEE OFFICE, KAVANAD, KOLLAM-691003.** - **6 ALL INDIA STUDENTS FEDERATION (AISF) SECRETARY, OFFICE OF COMMUNIST PARTY OF INDIA (M) LOCAL COMMITTEE, ACHALUMMOODU, KOLLAM-PIN CODE-691601** - **7 AKHILA BHARATHEEYA VIDYARTHI PARISHAD (ABVP) SECRETARY, CHAVARA ASSEMBLY MADALAM, BJP OFFICE, KAVANAD, KOLLAM-691003** - **8 KERALA STUDENTS UNION (KSU) SECRETARY, CONGRESS CHAVARA MANDALAM COMMITTEE, KAVANAD, KOLLAM-691003.** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 20 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.24995 OF 2017** ## **PETITIONER:** **FR. BENNY SEBASTIAN, AGED 46 YEARS MANAGER, CITADEL RESIDENTIAL SCHOOL,ETTICHUVADU PO, RANNY, PATHANAMTHITTA (DIST),PIN 689675** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVNANTHAPURAM PIN 695001** - **2 DISTRICT POLICE CHIEF PATHAAMTHITTA, MAKKAMKUNNU,PATHANAMTHITTA, PIN 689645** - **3 CIRLCE INSPECTOR OF POLICE RANNI,PIN 689672, PATHANAMTHITTA DIST.** - **4 KERALA STUDENTS UNION (KSU) RANNI TALUK UNIT, REPRESENTED BY ITS TALUK PRESIDENT, FEBIN CHETHAKKAL, C/O.PRESIDENT, CONGRESS (I) BLOCK COMMITTEE,PAZHAVANGADI, RANNY, PATHANAMTHITTA 689672** W.P.(C) No.3476 of 2017 & con. cases 21 **5 AKHILA BHARATHIYA VIDYARTHI PARISHAT (ABVP) RANNI TALUK UNIT, REPRESENTED BY ITS SECRETARY,LEBIN BAIJU, C/O.MANDALAM PRESIDENT, BJP,THAMARASSERIL BUILDING, MAMUKKU, PAZHAVANGADI RANNY, PATHANAMTHITTA 689672** - **6 STUDENTS FEDERATION OF INDIA (SFI) RANNI TALUK UNIT, REPRESENTED BY ITS TALUK SECRETARY, ROBIN J THAMBI,C/O.SECRETARY, CPI (M) AREA COMMITTEE OFFICE, THOTTAMON, RANNY, PATHANAMTHITTA 689672** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 22 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.25056 OF 2017** ## **PETITIONER:** **FR. MATHEWS SKARIAH, AGED 62 YEARS MANAGER, S C HIGHER SECONDARY SCHOOL,CHELLAKKADU P.O, RANNY, PATHANAMTHITTA (DIST)PIN 689 675.** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.** - **2 DISTRICT POLICE CHIEF, PATHANAMTHITTA, MAKKAMKUNNU, PATHANAMTHITTA, PIN 689 645.** - **3 CIRCLE INSPECTOR OF POLICE RANNI, PIN 689 672,PATHANAMTHITTA DIST.** W.P.(C) No.3476 of 2017 & con. cases 23 - **4 KERALA STUDENTS UNION (KSU) RANNI TALUK UNIT, REPRESENTED BYITS TALUK PRESIDENT, FEBIN CHETHAKKAL, C/O.PRESIDENT, CONGRESS (I) BLOCK COMMTTEE, PAZHAVANGADI, RANNY, PATHANAMTHITTA 689 672.** - **5 AKHILA BHARATHIYA VIDYARTHI PARISHAT (ABVP) RANNI TALUK, REPRESENTED BY ITS SECRETARY LEBIN BAIJU, C/O.MANDALAM PRESIDENT, BJP, THAMARASSERIL BUILDING, MAMUKKU, PAZHAVANGADI, RANNY, PATHANAMTHITTA 689 672.** - **6 STUDENTS FEDERATION OF INDIA (SFI) RANNI TALUK UNIT, REPRESENTED BY ITS TALUK SECRETARY ROBIN J. THAMI, C/O.SECRETARY, CPI(M)AREA COMMITTEE OFFICE, THOTTAMON, RANNY, PATHANAMTHITTA - 689 672.** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 24 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.25079 OF 2017** ## **PETITIONERS:** |**1**|**MAHATMA GANDHI COLLEGE**| |---|---| ||**REPRESENTED BY ITS PRINCIPAL,**| ||**KESAVADASAPURAM, THIRUVANANTHAPURAM-695004.**| |**2**|**DR. M.R.SUDARSANAKUMAR**| ||**PRINCIPAL, MAHATMA GANDHI COLLEGE,**| ||**KESAVADASAPURAM, THIRUVANANTHAPURAM-695004.**| ||**BY ADVS.**| ||**SRI.R.T.PRADEEP**| ||**SRI. P.K.JANARDHANAN**| ||**SMT.M.BINDUDAS**| ||**SRI.SANJAY S.CHANDRAN**| ||**SRI.V.VIJULAL**| ||**SRI.VISHNU NAIR**| ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE CHIEF SECRETARY,**| ||**GOVERNMENT OF KERALA, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**DIRECTOR GENERAL OF POLICE**| ||**POLICE HEAD QUARTERS,**| ||**VAZHUTHAKKADU,THIRUVANANTHAPURAM-695014.**| W.P.(C) No.3476 of 2017 & con. cases 25 - **3 ADDITIONAL DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, VAZHUTHAKKADU,THIRUVANANTHAPURAM-695014.** - **4 ASSISTANT COMMISSIONER OF POLICE OFFICE OF ASSISTANT COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-695001.** - **5 CIRCLE INSPECTOR OF POLICE OFFICE OF CIRCLE INSPECTOR OF POLICE, PEROORKADA, PIN-695005.** - **6 THE SUB-INSPECTOR OF POLICE PEROORKADA POLICE STATION, PIN-695005.** - **7 STUDENTS FEDERATION OF INDIA THIRUVANANTHAPURAM DISTRICT COMMITTEE, REPRESENTED BY ITS SECRETARY, PRATHIN SAJ KRISHNA, DISTRICT COMMITTEE OFFICE, THYVILA ROAD, SANTHI NAGAR, PULIMOODU, THIRUVANANTHAPURAM-695001.** - **8 A.B.V.P. THIRUVANANTHAPURAM DISTRICT COMMITTEE REPRESENTED BY ITS CONVENER, A.S.AKHIL, DISTRICT COMMITTEE OFFICE, AYYAPPANKOVIL, THAMPANOOR, THIRUVANANTHAPURAM-695001.** - **9 VARSHA** - **1ST DC (S2 MATHEMATICS), PRESIDENT, SFI UNIT, MAHATMA GANDHI COLLEGE,KESAVADASAPURAM, THIRUVANANTHAPURAM-695004.** **R1, R7 BY ADV. SRI.T.B.HOOD** **R1 BY ADV. SMT.M.ISHA** - **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 26 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** **WP(C).No.25325 OF 2017** ## **PETITIONER:** **FR. RENJITH ALUMKAL MANAGER, ST. MARY'S SENIOR SECONDARY SCHOOL, PAZHAVANGADI P.O9., RANNY, PATHANAMTHITTA-689 673.** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DISTRICT POLICE CHIEF PATHANAMTHITTA, MAKKAMKUNNU, PATHANAMTHITTA-689 645.** - **3 CIRCLE INSPECTOR OF POLICE RANNI - 689 672, PATHANAMTHITTA DISTRICT.** - **4 KERALA STUDENTS UNION (KSU) RANNI TALUK UNIT, REPRESENTED BY ITS TALUK PRESIDENT, FEBIN CHETHAKKAL, C/O. PRESIDENT, CONGRESS (I) BLOCK COMMITTEE, PAZHAVANGADI, RANNY, PATHANAMTHITTA.689672** W.P.(C) No.3476 of 2017 & con. cases 27 - **5 AKHILA BHARATIYA VIDYARTHI PARISHAT (ABVP) RANNI UNIT, REPRESENTED BY ITS SECRETARY, LEBIN BAIJU, C/O. MANDALAM PRESIDENT BJP, THAMARASSERIL BUILDING, MAMUKKU, PAZHAVANGADI, RANNY, PATHANAMTHITTA.689672** - **6 STUDENTS FEDERATION OF INDIA (SFI) RANNI TALUK UNIT, REPRESENTED BY ITS TALUK SECRETARY, ROBIN J THAMBI, C/O.SECRETARY, CPI (M) AREA COMMITTEE OFFICE, THOTTAMON, RANNY, PATHANAMTHITTA.689672** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 28 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.25368 OF 2017** ## **PETITIONER:** **THE MANAGER** **BHARATA MATA COLLEGE, THRIKKAKARA P.O., COCHIN - 682 021.** **BY ADVS. SRI.MATHEW B. KURIAN SRI.K.T.THOMAS** ## **RESPONDENTS:** **1 THE COMMISSIONER OF POLICE KOCHI CITY, OFFICE OF COMMISSIONER OF POLICE, BANERJI ROAD, ERNAKULAM, KOCHI - 682 018.** - **2 THE CIRCLE INSPECTOR OF POLICE CIRCLE OFFICE, KALAMASSERY, KOCHI - 683 104.** - **3 THE SUB INSPECTOR OF POLICE THRIKKAKARA POLICE STATION, THRIKKAKARA P.O., KAKKANAD, KOCHI - 682 030.** - **4 AKSHAY SAJI PONMELI HOUSE, KUNJANBAVA ROAD, VYTTILA, KOCHI - 682 019.** W.P.(C) No.3476 of 2017 & con. cases 29 **5 T.S. SULFIKKAR THYKOOTTATHIL HOUSE, MYTHRIPURAM, THRIKKAKARA P.O., VAZHAKKALA, KOCHI - 682 021.** **R1, R4 BY ADV. SRI.S.SHYAM R1 BY ADV. SRI.N.SUKUMARAN SR. BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 30 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.25604 OF 2017** ## **PETITIONER:** **MARTHOMA EDUCATIONAL TRUST FOR TRAINING & RESEARCH CENTRE MANNANTHALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY DR.M.Y.ABRAHAM KARIKKAM.** **BY ADVS. SRI.K.SIJU SMT.RENY ANTO** ## **RESPONDENTS:** |**1**|**DISTRICT POLICE CHIEF**| |---|---| ||**KOLLAM RURAL, KOTTARAKKARA-691506.**| |**2**|**DEPUTY SUPERINTENDENT OF POLICE**| ||**DY.S.P. OFFICE, PUNALUR, KOLLAM-691305.**| |**3**|**SUB INSPECTOR OF POLICE**| ||**CHADAYAMANGALAM POLICE STATION,**| ||**CHADAYAMANGALAM P.O., KOLLAM-691534.**| |**4**|**STUDENTS FEDERATION OF INDIA (SFI),**| ||**CHADAYAMANGALAM AREA COMMITTEE, EMS BHAVAN,**| ||**CHADAYAMANGALAM, REPRESENTED BY ITS SECRETARY,**| ||**MR.RENOSH, PIN-691534.**| W.P.(C) No.3476 of 2017 & con. cases 31 - **5 HARI V.NAIR, AREA PRESIDENT, ALL INDIA YOUTH FEDERATION (AIYF), CHADAYAMANGALAM , KOLLAM DISTRICT-691534.** - **6 SAJAN V.O. MANDALAM PRESIDENT, INDIAN NATIONAL CONGRESS, CHADAYAMANGALAM , KOLLAM DISTRICT-691534.** - **7 BIJU PUTHAYAM MANDALAM PRESIDENT, BHARATHEEYA JANATHA PARTY(BJP),CHADAYAMANGALAM , KOLLAM DISTRICT, PIN-691534.** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 32 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.25836 OF 2017** ## **PETITIONERS:** |**1**|**PRINCIPAL,**| |---|---| ||**MAR AUGUSTHINOSE COLLEGE, RAMAPURAM BAZAR P.O.,**| ||**KOTTAYAM - 686 576,BY ITS PRESENT PRINCIPAL,**| ||**DR.JOSEPH V.J.**| |**2**|**MAR AUGUSTHINOSE COLLEGE**| ||**REPRESENTED BY ITS MANAGER,**| ||**RAMAPURAM BAZAR P.O.,KOTTAYAM - 686 576.**| ||**BY ADVS.**| ||**SRI.BABY ISSAC ILLICKAL**| ||**SRI.ISAAC KURUVILLA ILLIKAL**| ## **RESPONDENTS:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE CHIEF SECRETARY,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**DIRECTOR GENERAL OF POLICE**| ||**STATE POLICE HEADQUARTERS, VELLAYAMBALAM,**| ||**THIRUVANANTHAPURAM-695 010.**| |**3**|**SUPERINTENDENT OF POLICE,**| ||**OFFICE OF THE SUPERINTENDENT OF POLICE,**| ||**KOTTAYAM - 686001.**| W.P.(C) No.3476 of 2017 & con. cases 33 - **4 SUB INSPECTOR OF POLICE RAMAPURAM POLICE STATION, RAMAPURAM BAZAR P.O.,KOTTAYAM - 686 576.** - **5 VISHNU.N.R THERUTHATATH, EZANCHERY P.O. - 686657.** - **6 AMAL BABU POONTHATANATHU, EZHANCHERY P.O. - 686657.** - **7 ABHIJITH RAJ THERUTHATATH, EXANCHERY P.O. - 686657.** - **8 BALAMURALI.S MAYAKATT (H), RAMAPURAM BAZAR P.O. - 686 576.** - **9 JOSE JOSEPH ANATHARA, RAMAPURAM P.O., PALUVELI, KOTTAYAM - 686 576.** - **10 ALBIN AUGUSTIN EDAMATHASSERIL, RAMAPURAM P.O., KOTTAYAM - 686 576.** - **11 ABIN.T.SHAJI THANIKAL, RAMAPURAM P.O., KOTTAYA - 686576.** - **12 JERRY AUGUSTIN VAZHAKAMALAYIL, CHAKAMPUZHA P.O. - 686 574.** - **13 ROBBY THOMAS** - **OODUPUZHA, RAMAPURAM BAZAR P.O., KOTTAYAM - 686 576.** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 34 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.26344 OF 2017** ## **PETITIONER:** **ST.MARY'S E.M.PUBLIC SCHOOL** **ULIYAKOVIL P.O., KOLLAM-691019.REPRESENTED BY ITS PRINCIPAL,MS.MANJU RAJEEV, AGED 44 YEARS, MR. RAJEEV S., RESIDING AT VRINDAVAN, KLRA-54, MUNDAKKAL, KOLLAM-691001.** **BY ADVS.** **SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN SRI.T.K.SANDEEP** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.** - **2 STATE POLICE CHIEF STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010.** - **3 COMMISSIONER OF POLICE KOLLAM-691001.** - **4 SUB-INSPECTOR OF POLICE KOLLAM EAST KOLLAM, KERALA, PIN CODE-691001.** W.P.(C) No.3476 of 2017 & con. cases 35 - **5 STUDENTS FEDERATION OF INDIA (SFI) SECRETARY, CIP (M) DISTRICT COMMITTEE OFFICE, POLAYATHODU, KOLLAM, KERALA-691010.** - **6 ALL INDIA STUDENTS FEDERATION (AISF) SECRETARY, OFFICE OF COMMUNIST PARTY OF INDIA, KADAPPAKADA P.O., (SUB POST OFFICE), KOLLAM-691008.** - **7 AKHILA BHARATHEEYA VIDYARTHI PARISHAD (ABVP) SECRETARY, OFFICE OF BJP DISTRICT COMMITTEE, DEENADAYAL BHAVAN, T D TEMPLE, ANANDAVALLESWARM, KOLLAM.** - **8 KERALA STUDENTS UNION KSU SECRETARY, OFFICE OF DISTRICT CONGRESS COMMITTEE, CANTONMENT SOUTH, MUNDAKKAL VILLAGE, KOLLAM, KERALA 691001.** - **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 36 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** **WP(C).No.27147 OF 2017** **PETITIONER:** **KARIKKAM INTERNATIONAL PUBLIC SCHOOL KARIKKAM P.O., KOTTARAKKARA, 691531, REPRESENTED BY ITS PRINCIPAL, NISHA V. RAJAN, W/O K.ABYMON, AGED 37 YEARS, THENGUVILA, PLAPPALLY P.O., KOTTARAKKARA, KOLLAM DISTRICT.** **BY ADVS. SRI.K.SIJU SMT.RENY ANTO** ## **RESPONDENT/S:** - **1 DISTRICT POLICE CHIEF KOLLAM RURAL, KOTTARAKKARA-691506.** - **2 DEPUTY SUPERINTENDENT OF POLICE DY.S.P. OFFICE, PUNALUR, KOLLAM-691305.** - **3 SUB INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION, KOTTARAKKARA P.O., KOLLAM-691506.** - **4 STUDENTS FEDERATION OF INDIA (SFI), KOTTARAKKARA AREA COMMITTEE, REPRESENTED BY ITS AREA SECRETARY, KOTTARAKKARA-691506.** W.P.(C) No.3476 of 2017 & con. cases 37 - **5 THE PRESIDENT MANDALAM COMMITTEE, INDIAN NATIONAL CONGRESS (I), CONGRESS BHAVAN, KOTTARAKKARA-691506.** - **6 THE PRESIDENT BHARATHEEYA JANATHA PARTY (BJP), KOTTARAKKARA MANDALAM COMMITTEE, BJP KARYALAYAM, KOTTARAKKARA-691506.** - **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 38 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.27998 OF 2017** ## **PETITIONER:** **MES ASMABI COLLEGE VEMBALLUR P.O., KODUNGALLUR - 680 671,REPRESENTED BY ITS PRINCIPAL.** **BY ADVS. SRI.BABU KARUKAPADATH SMT.AMRIN FATHIMA SRI.K.M.FAISAL (KALAMASSERY) SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 THE SUPERINTENDANT OF POLICE, THRISSUR RURAL, THRISSUR - 680 001.** - **3 THE CIRCLE INSPECTOR OF POLICE, KODUNGALLUR - 680 664.** W.P.(C) No.3476 of 2017 & con. cases 39 - **4 THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, KODUNGALLUR - 680 664.** - **5 STUDENTS FEDERATION OF INDIA M.E.S ASMABI COLLEGE UNIT,REPRESENTED BY ITS PRESIDENT, ANZAL K.K., 3RD BCA, AGED 20 YEARS, S/O. FOUSIYA P.A, KATTUPARAMBIL HOUSE, EDAVILANGU P.O., PIN - 680 123.** - **6 KERALA STUDENTS UNION, M.E.S ASMABI COLLGE UNIT,REPRESENTED BY ITS PRESIDENT, ISHAM NAJEEB, 3RD B.COM COMPUTER APPLICATION,AGED 20 YEARS, S/O. MUHAMMED NAJEEB,RESIDING AT PANDIKASHALA, VALAPADU - 680 567.** - **7 ALL INDIA STUDENTS FEDERATION M.E.S ASMABI COLLEGE UNIT, REPRESENTED BY ITS VICE PRESIDENT, ARJUN V.T, 3RD BA MASS COMMUNICATION,AGED 20 YEARS, S/O. BEENA, VALIYAPRAMBIL, CHALANGADU P.O., KAIPAMANGALAM - 680 681.** - **8 AKHIL BHARATHIYA VIDYARTHI PARISHAD M.E.S ASMABI COLLEGE UNIT, REPRESENTED BY ITS PRESIDENT, AJITH P.S., 3RD BSC PSYCHOLOGY, AGED 20 YEARS, S/O. SUNIL KUMAR T.R, PUTHUR HOUSE, LOKA MALESHWARAM, KODUNGALLUR - 680 664.** - **9 MUSLIM STUDENTS FEDERATION M.E.S ASMABI COLLEGE UNIT, REPRESENTED BY ITS PRESIDENT, SYED THOUFEEQ THANGAL, 3RD BCA, AGED 20 YEARS, S/O. MOHSIN THANGAL, RESIDING ATAYITTANDIYIL HOUSE, MATHILAKAM P.O., PUNNAKKA BAZAR, KODUNGALLUR.680664** W.P.(C) No.3476 of 2017 & con. cases 40 **10 FRATERNITY MOVEMENT, M.E.S ASMABI COLLEGE UNIT, REPRESENTED BY ITS PRESIDENT, MUHAMMED VIDAD, 2ND BSC PHYSICS, AGED 19 YEARS, S/O. ABDUL JAVAD A., VADYSSALAAM, AZHIKODE, CHEKKAKONAM P.O., KARAKULAM, TRIVANDRUM. 695001** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 41 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.28239 OF 2017** ## **PETITIONER:** **M.E.S. PONNANI COLLEGE P.O PONNANI SOUTH, PIN - 679 586, REPRESENTED BY ITSPRINCIPAL, DR. ABBAS T.P.** **BY ADVS. SRI.BABU KARUKAPADATH SMT.AMRIN FATHIMA SRI.K.M.FAISAL (KALAMASSERY) SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**HOME DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DISTRICT POLICE CHIEF**| ||**MALAPPURAM, MALAPPURAM DISTRICT - 676 505.**| |**3**|**THE SUPERINTENDENT OF POLICE**| ||**MALAPPURAM DISTRICT - 676 505.**| W.P.(C) No.3476 of 2017 & con. cases 42 - **4 CIRCLE INSPECTOR OF POLICE PONNANI, MALAPPURAM DISTRICT, PIN - 679 577.** - **5 THE SUB INSPECTOR OF POLICE PONNANI POLICE STATION, MALAPPURAM DISTRICT, PIN - 679 577.** - **6 STUDENTS FEDERATION OF INDIA M.E.S PONNANI COLLEGE UNIT, REPRESENTED BY ITS SECRETARYJISHNU K, V SEM. COMPUTER SCIENCE, AGED 20 YEARS, S/O. ACHUTHAN K, KANAKKATHARAYIL HOUSE, KOORADA, THRIKKANAPURAMP.O, MALAPPURAM, (25TH RESPONDENT HEREIN) 676 505.** - **7 KERALA STUDENTS UNION** - **M.E.S PONNANI COLLEGE UNIT, REPRESENTED BY ITS PRESIDENT,MOHAMMAD FAIZAL C, GEOLOGY 5TH SEMESTER, AGED 20 YEARS,S/O. SALIH C, CHAVAKKADUKARANTE, PONNAI SOUTH - 679 586.** - **8 MUSLIM STUDENTS FEDERATION M.E.S PONNANI COLLEGE UNIT, REPRESENTED BY ITS PRESIDENT,ATHIF SADATH P.M, AGED 20 YEARS, S/O. ABDUL LATHEEF P.M, P.M HOUSE, PONNANI NAGARAM - 679 583.** - **9 FRATERNITY MOVEMENT** - **M.E.S PONNANI COLLEGE UNIT, REPRESENTED BY ITS PRESIDENT,JABIR V.M, AGED 19 YEARS, S/O. ABOOBACKER R.V VAKKAT MARATHYIL HOUSE, P.O PERUMPADAPPU - 679 580.** - **10 COMMUNIST PARTY OF INDIA (MARXIST) REPRESENTED BY ITS AREA SECRETARY MR. MUHAMMADUNNI A.K,JYM ROAD, KAILASAMKALAM, THRIKKAVU, PONNANI - 679 577.** W.P.(C) No.3476 of 2017 & con. cases 43 - **11 SHARON C VAHAB** **AGED 21 YEARS, S/O. ABDUL VAHAB M.V, MUSILYAM VEETTIL, KUTTIKKAD, PONNANI P.O, MALAPPPURAM - 679 577.** - **12 MOHAMMEDRAFI U.M** - **AGED 22 YEARS, S/O. BAVA, ULLIMARAKKARAKATH HOUSE,NEAR HYDER PALLI, MALAPPURAM - 679 586.** - **13 RANEESH BIN ASHRAF M** - **AGED 18 YEARS, S/O. RAHEEM A, MULLAKKAL HOUSE, P.O,THIRUNAVAYA - 676 301.** **14 MUHAMMED RASHID P.P AGED 20 YEARS, S/O. HAMZA P.O, PUTHUPARAMBIL HOUSE,NEAR NAYADI COLONY, PONNANI SOUTH P.O, MALAPPURAM-679 586.** - **15 SHAMEER C.T AGED 20 YEARS, S/O. MUHAMMED MUSTHAFA, CHAKKINGALTHODI HOUSE,VALAMBOOR P.O, - 679 325.** - **16 MUHAMMED BULAI P.V AGED 19 YEARS, S/O. HABEEBU RAHMAN, PUDU VEEDU,P.O, PONNAI - 679 577.** - **17 FADIL RAHMAN T.M AGED 19 YEARS, S/O. FASALU RAHMAN,** - **THAREEKANAKATHMALIYEKKAL, PONNANI NAGARAM P.O, - 679 583** - **18 MOHAMMED YOONUSE K.T AGED 19 YEARS, S/O. SIRAJUDHEEN K.T, KODANCHERITHARAKKAL HOUSE, PERUMPARAMBU P.O, MANGATTOT - 679 576.** - **19 NADHEER K.A AGED 19 YEARS, S/O. MOHAMED K.A, KAIPPADATHAROTTIL,KAVANCHERI - 676 561.** W.P.(C) No.3476 of 2017 & con. cases 44 - **20 PRANAVU V.P AGED 19 YEARS, S/O. PAVITHYRAN V.K, VELLANI HOUSE, KADAVANAD, KADAVANAD P.O, PONNANI - 679 586.** - **21 SOURAV KRISHNA K AGED 20 YEARS, S/O. SURESH K. NAIR, KUTTERIYIL HOUSE,THRIKKANAPURAM P.O, THAVANUR - 679 573.** - **22 HARIS P. AGED 22 YEARS, S/O. SHEREEF PARAMBIL, PARAMBIL HOUSE,NEAR K.S.R.T.C BUS STAND, PONNANI SOUTH, PONNAI - 679 586.** - **23 HANEEN P, AGED 19 YEARS, S/O. ABDULLAH P. PADINJARAKATH HOUSE, BIYYAM, PONNANI - 679 586.** - **24 SHARIKH JOWHAR, AGED 20 YEARS, S/O. HANEEFA M.H, MUKRIYAKATH HOUSE, VELIANKODE - 679 586.** - **25 JISHNU K, AGED 20 YEARS, S/O. ACHUTHAN K, KANAKKATHARAYIL HOUSE, KOORADA, THRIKKANAPURAM P.O, MALAPPURAM - 679 577.** - **26 MOHAMED SHAMIL AV AGED 19 YEARS, S/O. SADARUDHEEN A.V, ATHAKKAVEETTIL HOUSE,GYM ROAD, PONNANI P.O, MALAPPURAM - 679 577.** - **27 MOHAMED SHABEER O.K AGED 20 YEARS, S/O. BASHEER O.K, OTTAKATH HOUSE,PURANGU, PALLIPPADI, PONNANI - 679 584.** - **28 NITHIN DEV P.K, AGED 20 YEARS, S/O. KUNHUNNY P.R, PAYYADA HOUSE, PERUMANNUR P.O, CHALISSERI, PALAKKAD, PIN - 679 536.** W.P.(C) No.3476 of 2017 & con. cases 45 - **29 MOHAMMED SHAHID, AGED 20 YEARS, S/O. MOHAMMED ASHRAF,(V SEM. BBA), NALAKATH HOUSE, PALLAPURAM, PONNAI - 679 577.** - **30 VAISAK V.M, AGED 20 YEARS, S/O. MANIKANDAN V, (V SEM BBA), VALAVATH HOUSE,PUDU PONNAI, PONNANI SOUTH P.O, PIN - 679 586.** - **31 AKHIL T.P., AGED 20 YEARS, S/O. SULFICKER ALI T.P, (V SEM .GEOLOGY)., THACHAPARAMBAN, MUNDENKARA, EDAVANNA - 676 541.** - **32 SANDEEP P BALAN AGED 19 YEARS, S/O. GEETHA, PUKKYIL HOUSE,CHERUVAIKKARA,BIYYAM P.O, PIN - 679 576** - **33 ASHIQUE BAVA P.P AGED 19 YEARS, S/O. KUNHI BHAVA, PALLPARAMBIL HOUSE,NEAR M.I BOYS SCHOOL, PONNANI P.O, MALAPPURAM (DIST)- 679 586.** - **34 SHAMEER AHAMMED E.V AGED 19 YEARS, S/O. SHAMSUDHEEN E.V, (III SEM. ENGG),EKKOORATHVALAPPIL HOUSE, SUKAPURAM P.O, NADUVATTOM EDAPPAL - 679 576** - **35 ANFAS P AGED 19 YEARS, S/O. ABU, PIKKINTE HOUSE, BALAVADI ROAD,ANAPPADI, PONNANI SOUTH - 679 586.** - **36 HASER ABUBACKER, AGED 20 YEARS, S/O. ABOOBACKER (VSEM.B.COM), THALIKASSERY HOUSE, KALOOR P.O, VADAKKEKAD - 679 562.** - **37 MOHAMMED ABDUL MAJEED M AGED 20 YEARS, S/O. ABDUL MAJEED, MANAHAMBRAYAKPH, ESWARAMANGALAM, PONNANI - 679 573.** W.P.(C) No.3476 of 2017 & con. cases 46 **R1 BY SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL** **R1 BY ADV. SRI.K.K.RAVINDRANATH ADDL.ADVOCATE GENERAL R1, R6 BY ADV. SRI.P.K.KHALEEMUDHEEN R1 BY ADV. SRI.C.V.MANUVILSAN R1 BY ADV. SMT.K.VIDYA R1 BY ADV. SRI.VINODE V. LUKA BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 47 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** **WP(C).No.986 OF 2018** ## **PETITIONER:** **M.E.S. KALLADI COLLEGE MANNARKKAD COLLEGE P.O., PALAKKAD DISTRICT, PIN - 678 583, REPRESENTED BY ITS PRINCIPAL, DR.O.P.SALAHUDHEEN.** **BY ADVS.** **SRI.BABU KARUKAPADATH SRI. K.M.FAISAL SRI.E.M.ABDUL KHADER SMT.AMRIN FATHIMA SRI.MITHUN BABY JOHN SRI.RAHUL ROY SMT.M.A.VAHEEDA BABU** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DISTRICT POLICE CHIEF PALAKKAD DISTRICT - 678 583.** - **3 CIRCLE INSPECTOR OF POLICE MANNARKKAD, PALAKKAD DISTRICT,PIN - 678 582.** W.P.(C) No.3476 of 2017 & con. cases 48 - **4 THE SUB INSPECTOR OF POLICE MANNARKKAD, PALAKKAD DISTRICT PIN - 678 582.** - **5 STUDENTS FEDERATION OF INDIA M.E.S. KALLADI COLLEGE UNIT,REPRESENTED BY ITS SECRETARY,GEORGE THOMAS, S/O.THOMAS J.,AGED 19 YEARS, VITH SEMESTER BBA,THENGUMPALLIL, THIRUVIZHAMKUNNU P.O.,PALAKKAD - 678 601.** - **6 ALL INDIA STUDENTS FEDERATION M.E.S. KALLADI COLLEGE UNIT,REPRESENTED BY ITS SECRETARY,ABDUL RAZAK M., AGED 20 YEARS, S/O.ABBAS, (VITH SEM BA HISTORY),MANACHITHODI HOUSE, CHANGALEERI,PIN - 678 582, THE 9TH RESPONDENT HEREIN.** - **7 ANURAG AGED 20 YEARS, SFI MANNARKKAD AREA SECRETARY,S/O.KUNJUNNI, KURINATTIL HOUSE, VELLARAMKUNNU,THENKARA, MANNARKKAD P.O. - 678 582.** - **8 MUHAMMED FAUMIN FARASH AGED 20 YEARS, S/O.HAMZA, (VITH SEM, B.SC. MATHS),KALLADI HOUSE, PULLISSERY P.O., MANNARKKAD - 678 582.** - **9 ABDUL RAZAK M.** **AGED 20 YEARS, S/O.ABBAS, (VITH SEM. B.A. HISTORY),MANACHITHODI HOUSE, CHANGALERI, PIN - 678 582.** - **10 MUHAMMED NISHAB E.** **AGED 20 YEARS, S/O.MUHAMMED E., (VITH SEM. ARABIC & ISLAMIC HISTORY),ERAYATHRA HOUSE, THRIKKALOOR P.O.,CHIRAKKALPADI - 678 593.** W.P.(C) No.3476 of 2017 & con. cases 49 - **11 AKSHAY M.P.** **AGED 20 YEARS, S/O.SURESH M.P., (IVTH SEM. B.SC. FOOD TECHNOLOGY),NANMA HOUSE, VATTAKKANDI PARAMBA,NELLIKKODE P.O., PIN - 673 016.** - **12 SREEJITH P.C. AGED 20 YEARS, S/O.CHANDRASEKHARAN, (VITH SEM. B.SC. PHYSICS),PALLIKKARA HOUSE, MUNDOOR P.O.,PIN - 678 592.** - **13 AJMAL P.P., AGED 20 YEARS, S/O.MARAKKAR P.P., (VITH SEM. B.A. ENGLISH), PANIKKARU PARAMBIL HOUSE, TIPPU NAGAR, MANNARKKAD P.O.,PIN - 678 582.** - **14 SHANIF K., AGED 19 YEARS, C/O.RAFEEK, KANNAKKANCHERI VEEDU,THIRUVIZHAMKUNNU, PALAKKAD, PIN - 678 582.** - **15 HAMEED, AGED 60 YEARS, S/O.VEERAN, THATTAMPALLI HOUSE, MANNARKKAD COLLEGE P.O., PALAKKAD DISTRICT - 678 583.** - **16 MANSOOR, AGED 37 YEARS, S/O.KALATHIL MUHAMMED,MUNICIPAL COUNSELOR, MANNARKKAD MUNICIPALITY,PIN - 678 582.** - **17 ANJASH CHOLAKKAL, AGED 20 YEARS, S/O.ABDUL AZEEZ C., (VITH SEM. B.COM. CO-OPERATION), CHOLAKKAL HOUSE, THACHINGANADAM, MALAPPURAM - 679 325.** - **18 THARIQ A., AGED 19 YEARS, S/O.ABDUL KALAM, (1ST SEM PHYSICS), AFIYATH HOUSE, KANNAMKUNDU ROAD, ALANALLUR P.O.,PIN - 678 601.** W.P.(C) No.3476 of 2017 & con. cases 50 **19 AKHIL K. AGED 20 YEARS, S/O.JAYACHANDRAN C., (VITH SEM B.A. MASS COMMUNICATION), URIYIL HOUSE, KALLADIKKODE P.O., PALAKKAD - 678 596.** **20 AKHIL KRISHNA P., AGED 19 YEARS, S/O.RAMAKRISHNAN, (IVTH SEM BB.A.), PADINJARETHIL HOUSE, KULAPPADAM, KUMARAMPUTHOOR P.O.,PALAKKAD, PIN - 678 583. R1, R5 BY ADV. SRI.M.SASINDRAN BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 51 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.10125 OF 2018** ## **PETITIONER:** **TRINITY LYCEUM HIGHER SECONDARY SCHOOL FATHIMA ROAD, KOLLAM-691013, KERALA, REPRESENTED BY ITS PRINCIPAL (ON DEPUTATION) REV. DR. SILVIE ANTONY** **BY ADVS. SRI.M.T.SURESHKUMAR SMT.BHAVANA VELAYUDHAN SRI.N.BIJA KRISHNA SRI.P.R.JAYASANKAR SRI.A.MANOJ JOSEPH SRI.R.RANJITH** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY, THE DEPARTMENT OF HOME SECRETARIAT, THIRUVANANTHAPURAM-695001** - **2 STATE POLICE CHIEF STATE POLICE HEADQUARTERS,VELLAYAMBALAM, THIRUVANANTHAPURAM695010** - **3 THE COMMISSIONER OF POLICE KOLLAM-691001** W.P.(C) No.3476 of 2017 & con. cases 52 - **4 CIRCLE INSPECTOR OF POLICE CONTROL OFFICE, KOLLAM DISTRICT691001** - **5 SUB INSPECTOR OF POLICE KOLLAM WEST POLICE STATION, KOLLAM DISTRICT-691013** - **6 STUDENTS FEDERATION OF INDIA (SFI) REPRESENTED BY ITS DISTRICT SECRETARY,NS SMARAKA MANDIRAM,POLAYATHODU,KOLLAM,PIN690521** - **7 KERALA STUDENTS UNION (I) (KSU) REPRESENTED BY THE PRESIDENT,KOLLAM DISTRICT COMMITTEE,CONGRESS BHAVAN, KOLLAM,PIN-690521** - **8 ALL INDIA STUDENTS FEDRATION (A.I.S.F) REPRESENTED BY ITS SECRETARY, KOLLAM DISTRICT COMMITTEE, MN SMARAKAM, CHINNAKKADA, KOLLAM,PIN-691001** - **9 AKHILA BHARATIYA VIDYARTHI PARISHAD (ABVP) REPRESENTED BY ITS SECRETARY,KOLLAM JILLA SAMITHI,RSS VIBHAG KARYALAYAM,OTTAKKAL ROAD, OLAYIL,THEVALLY KOLLAM-691009** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 53 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.23718 OF 2018** ## **PETITIONERS:** **1 PRINCIPAL JANARDHANAPURAM HIGHER SECONDARY SCHOOL, OTTASEKHARAMANGALAM, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM-695 125. 2 HEADMASTER JANARDHANAPURAM HIGHER SECONDARY SCHOOL, OTTASEKHARAMANGALAM, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM-695 125** **BY ADVS. SRI.R.T.PRADEEP SRI.K.C.HARISH** ## **RESPONDENTS:** - **1 THE STATE OF KERALA CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 DIRECTOR GENERAL OF POLICE POLICE HEADQUAERTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014** W.P.(C) No.3476 of 2017 & con. cases 54 - **3 DEPUTY SUPERINTENDENT OF POLICE OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121** - **4 CIRCLE INSPECTOR OF POLICE OFFICE OF CIRCLE INSPECTOR OF POLICE, VELLARADA, THIRUVANANTHAPURAM-695 125** - **5 SUB INSPECTOR OF POLICE ARYANCODE POLICE STATION, THIRUVANANTHAPURAM-695 125** - **6 CHANDRABABU T. SECRETARY LOCAL COMMITTEE, CPI (M) RESIDING AT PULLATHOOR MANNADI VEEDU, KUNDAMAM, MANDAPATHINKADAVU, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM-695 125** - **7 SAMKUTTY C. PRESIDENT MANDALAM COMMITTEE CONGRESS (I), RESIDING AT VATTAKUZHI VEEDU, PLAMPAZHANJI, MANCHAMCODE P.O., THIRUVANANTHAPURAM-695 125** - **8 ATTOOR ANIL SECRETARY MANDALAM COMMITTEE, BJP, RESIDING AT PRASANTH VILASOM, ATTOOR, MANCHAMCODE P.O., THIRUVANANTHAPURAM-695 125** - **9 K. RAMACHANDRAN NAIR SECRETARY, LOCAL COMMITTEE, CPI, RESIDING AT SREERAGAM, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM-695 125** - **10 ADDL. R10 ANANTHU SHAJI S/O SHAJI, SREE BHAVAN, KALLARATHALA, OTTASEKHARAMANGALAM, ARYANCODE, THIRUVANANTHAPURAM-695125.** W.P.(C) No.3476 of 2017 & con. cases 55 - **11 ADDL. R11 ANOOP S/O RAVEENDRAN, KARIMANNARAKONAM, ARYANCODE, THIRUVANANTHAPURAM-695125.** - **12 ADDL. R12 FAHAD** - **S/O MUSTHAFA, KARIMCHEMPANAD, ARYANCODE, THIRUVANANTHAPURAM-695125.** - **13 ADDL. R13 RAGUL** - **S/O RADHAKRISHNAN, ARUVIKUZHI, ARYANCODE, THIRUVANANTHAPURAM-695125.** **ADDL. R10 TO R13 ARE IMPLEADED AS PER ORDER DATED 23.07.2018 IN I.A. NO. 13157/18.** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 56 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.20536 OF 2019(N)** ## **PETITIONERS:** - **1 ADV.PRAKASH.P.THOMAS, AGED 45 YEARS S/O. THOMAS, PRESIDENT, PARENT-TEACHERS ASSOCIATION, SCS HIGHER SECONDARY SCHOOL, THIRUVALLA-689 101.** - **2 REJI VARUGHESE PRINCIPAL, SCS HIGHER SECONDARY SCHOOL, THIRUVALLA-689 101.** - **3 GEETHA T. GEORGE HEADMISTRESS, SCS HIGHER SECONDARY SCHOOL, THIRUVALLA-689 101.** **BY ADVS. SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J.** ## **RESPONDENTS:** - **1 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT-689645.** - **2 THE DEPUTY SUPERINTENDENT OF POLICE THIRUVALLA, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT-689 101.** W.P.(C) No.3476 of 2017 & con. cases 57 - **3 THE STATION HOUSE OFFICER CIRCLE INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT-689 101.** - **4 STUDENTS FEDERATION OF INDIA PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS SECRETARY, EMS MANDIRAM, CPI(M), DISTRICT OFFICE, KANNAMKARA, PATHANAMTHITTA DISTRICT-689 645.** - **5 ALL INDIA STUDENTS FEDERATION PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS PRESIDENT, CPI OFFICE, KANNAMKARA, PATHANAMTHITTA-689 645.** - **6 AKHILA BHARATHIYA VIDYARTHI PARISHAD PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS PRESIDENT, KESHAVA SMRITHI, KALLARAKADAVU, PATHANAMTHITTA DISTRICT-689 645.** - **7 KERALA STUDENTS UNION PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS PRESIDENT, RAJIV BHAVAN, DISTRICT CONGRESS COMMITTEE OFFICE, PATHANAMTHITTA DISTRICT-689 645.** - **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 58 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.20726 OF 2019(M)** ## **PETITIONERS:** - **1 THE PRINCIPAL, SREE SANKARA COLLEGE, KILIMANOOR, NAGARAOOR P.O., THIRUVANANTHAPURAM.** - **2 THE PRINCIPAL, SREE SANKARA VIDYAPEETOM COLLEGE, KILIMANOOR, NAGARAOOR P.O., THIRUVANANTHAPURAM.** **BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN** ## **RESPONDENTS:** |**1**|**THE CIRCLE INSPECTOR OF POLICE**| |---|---| ||**ATTINGAL POLICE STATION, ATTINGAL,**| ||**THIRUVANANTHAPURAM-695 101.**| |**2**|**THE SUB INSPECTOR OF POLICE,**| ||**NAGAROOR POLICE STATION, NAGAROOR, KILIMANOOR,**| ||**THIRUVANANTHAPURAM-695 601.**| W.P.(C) No.3476 of 2017 & con. cases 59 **3 R.NITHIN AJAY, DISTRICT COMMITTEE MEMBER, AKHIL BHARATIYA VIDYARTHI PARISHAD, NAGAR OFFICE, DURGA MANDIR, KILIMANOOR P.O., THIRUVANANTHAPURAM-695 601.** - **4 RAHUL.B., PRESIDENT, KERALA STUDENTS UNION, SREE SANKARA COLLEGE NAGAROOR UNIT, NAGAROOR, KILIMANOOR, THIRUVANANTHAPURAM-695 601.** - **5 SREERAG, PRESIDENT., STUDENTS FEDERATION OF INDIA, SREE SANKARA COLLEGE UNIT, NAGAROOR, KILIMANOOR, THIRUVANANTHAPURAM-695 601.** **R4 BY ADV. SRI.V.JOHN MANI R4 BY ADV. SRI.S.JAYANT R4 BY ADV. SHRI.VARGHESE SABU BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 60 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.24075 OF 2019(H)** ## **PETITIONER:** **ST.ALOYSIUS COLLEGE EDATHUA VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT. REPRESENTED BY ITS MANAGER, FR. MATHEW CHOORAVADY, AGED 64 YEARS, S/O CHACKO ANTONY RESIDING AT DIOCESE, ST. ALOYSIUS COLLEGE, EDATHUA.** **BY ADV. SMT.V.VIJITHA** ## **RESPONDENT:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PINCODE - 695001** - **2 SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPUZHA.** - **3 SUB INSPECTOR OF POLICE EDATHUA POLICE STATION, CHANGANASSERY, EDATHUA, ALAPUZHA.** W.P.(C) No.3476 of 2017 & con. cases 61 - **4 STUDENT FEDERATION OF INDIA** **ST. ALOYSIUS COLLEGE UNIT, REPRESENTED BY ITS UNIT SECRETARY ALAN KURIAKOSE, AGED 19 YEARS, S/O. LISAMMA THOMAS, OLAKKAPADIYIL, CHANGANAKARY P. O., EDATHUA, ALAPUZHA - 689573** - **5 KERALA STUDENTS UNION** **ST. ALOYSIUS COLLEGE UNIT, REPRESENTED BY ITS UNIT PRESIDENT, VYSAKH K. P., AGED 20 YEARS, S/O. PRASAD KANNIEKONIL, KUNTHIRICKAL P. O., EDATHUA, ALAPUZHA - 689573** - **6 AKHILA BHARATH VIDYARTHI PARISHATH ST. ALOYSIUS COLLEGE UNIT, REPRESENTED BY ITS UNIT SECRETARY SANDEEP, AGED 21 YEARS, S/O. SATHOSH, SANDEEP BHAVANAM, THAKAZHY, ALAPUZHA - 688867** **BY SRI. C.P SUDHAKARA PRASAD AG BY SRI. P.P. THAJUDEEN SR. GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.3476 of 2017 & con. cases 62 ## **P.B.SURESH KUMAR, J.** ## **-----------------------------------------------** **W.P. (C) Nos.3476, 21770, 23308, 23272, 23860, 24192, 24421, 24629, 24913, 24995, 25056, 25079, 25325, 25368, 25604, 25836, 26344, 27147, 27998 and 28239 of 2017, W.P.(C) Nos.986, 10125 and 23718 of 2018** **and W.P.(C) Nos.20536, 20726 and 24075 of 2019** **----------------------------------------------Dated this the 26[th] day of February, 2020** ## **J U D G M E N T** This batch of writ petitions involves a few important questions relating to the rights of educational institutions as also that of the students. 2. The writ petitions fall generally under two categories, the cases relating to schools and cases relating to colleges. Most of the writ petitions are instituted by the managements of the educational institutions and some by the parent teacher associations of the institutions concerned. Among the cases relating to schools, most of them relate to schools affiliated to the Central Board of Secondary W.P.(C) No.3476 of 2017 & con. cases 63 Education (CBSE) and some relate to aided schools. As far as the cases relating to the schools are concerned, the grievance voiced by the petitioners concerns the disruption of the academic activities caused by organizations of students functioning outside the campus on political lines. As far as the cases relating to the colleges are concerned, the grievance voiced by the petitioners concerns the disruption caused to the academic activities by the students in the campus with the aid of organizations of students functioning on political lines in the campus as also elsewhere. It is not necessary to refer to the facts of all cases, for the facts are more or less identical. I am therefore referring to the facts of one case relating to school and one case relating to college. 3. I shall refer to the facts in W.P.(C) No. 24995 of 2017 which relates to a school first. The writ petition is instituted by the management. The school is one affiliated to the CBSE where 2195 students are pursuing their studies from LKG to Class XII. It is stated that the school is one performing consistently well in academics and also in co-curricular activities and it had secured 100% pass in Grades X and XII during 2016-17. It is also stated that the students of the school are not involved in any political activities within the campus, W.P.(C) No.3476 of 2017 & con. cases 64 and organizations of students functioning in the State on political lines are not permitted to function or pursue their activities in the school campus. It is alleged that nevertheless, respondents 4 to 6 organizations of students functioning on political lines in the State have been disrupting the academic activities in the campus for participating the students of the school also in their agitations and protests carried on in the form of strikes purportedly for the benefit of the student community in general in the State. It is also alleged that on account of such disruptions, numerous academic days were lost and the quality of education has been affected adversely. It is also alleged specifically in most of the cases that on account of the disruptions of the aforesaid nature, the institutions concerned are not able to provide the minimum classes insisted to be provided to the students in terms of the stipulations of the CBSE to which the schools are affiliated. In addition, it is also alleged that such activities are affecting the general discipline and academic atmosphere in the school and also resulting in wastage of resources. It is stated that the modus operandi of respondents 4 to 6 organizations is that they would direct the institution to suspend the classes whenever they propose an agitation and if such directions are not adhered to by the school, the members and associates of the W.P.(C) No.3476 of 2017 & con. cases 65 associations would barge into the campus, threaten the management with dare consequences and at times, cause damage to properties as well and thereby compel the management to suspend the classes. It is stated by the petitioner that though activities of this nature are promptly informed to the police, the police would never interfere in the matter. The case set out by the petitioner in the writ petition is that the disruptive activities of respondents 4 to 6 are wholly unauthorised and violative of the fundamental rights guaranteed under the Constitution to the students, staff and management of the school. The petitioner, therefore, seeks directions to respondents 1 to 3 police officers to render adequate and effective police protection to the petitioner for running the school from the disruptive acts of respondents 4 to 6, their members and associates. 4. I shall now refer to the facts of W.P.(C) No. 21770 of 2017 which relates to a professional self-financing law college. The case set out by the petitioner in the writ petition is that at the time when classes were commenced, the Fee Regulatory Committee for professional colleges has not finally approved the fees payable by the students and consequently, the students had to be admitted for the courses on an undertaking that they would pay the fees fixed by the W.P.(C) No.3476 of 2017 & con. cases 66 Fee Regulatory Committee as and when such fixation is made. It is alleged that later, when the Fee Regulatory Committee fixed the fees payable by the students of the college, agitations began in the campus in connection with the fee fixed by the Fee Regulatory Committee. It is alleged by the petitioner that agitations were being carried on by the students under different political banners and the same, at one point of time, turned violent and led to disruption of classes in the campus. It is averred in the writ petition that the agitators have blocked the common access to the campus, put up sheds and banners in the campus and caused extensive damage to the assets of the college. It is also alleged that though a group of students in the campus were also involved in the so-called agitation, the disruptive activities were mainly carried on by the leaders of the organizations of students functioning on political lines. In this case also, it is alleged that though the police was informed about the disruptive activities, they declined to afford protection and consequently, the college had to be closed down, indefinitely for quite some time. The petitioner in the writ petition also therefore, seeks directions to the police to afford meaningful protection to the life of the students and staff members and also for the property of the college so as to run the college without the disruptive activities W.P.(C) No.3476 of 2017 & con. cases 67 of the organizations of students. 5. If the fee structure prescribed by the college is the cause for the student agitation in the college involved in W.P.(C) No. 21770 of 2017, the cause for student agitation in other matters are different. In one case, the agitation started with a demand to withdraw the disciplinary proceedings initiated against some students and in another, the agitation started with a demand for improving the infrastructure provided to the students in the campus. Similarly, in another case, the clash between two factions of the students belonging to two different organizations was the cause for the agitation. In one of the cases, it is alleged that disruption was on account of the problems created by the local leaders of political parties. The cases also involve cases similar to the one referred to in relation to schools. 6. In all these matters, it is seen that interim orders have been granted by this Court, and the colleges are functioning on the strength of the interim orders. 7. On 31.07.2017, having noticed that the disruptive activities of the student organizations are spreading like a wildfire and the same is affecting even children in the lower sections of the schools, this Court passed a common order in a few matters involved in this W.P.(C) No.3476 of 2017 & con. cases 68 batch, directing the State to file an affidavit offering concrete steps to prevent destructive activities in the campuses and for ensuring smooth conduct of classes. 8. Pursuant to the said interim order, the State Government has filed an affidavit in W.P.(C) No. 24192 of 2017. The affidavit does not refer to nor deal with the issues raised in the cases relating to schools. In the affidavit, it is admitted that untoward incidents as highlighted by the petitioners are being reported from a few institutions and the Government is taking the same very seriously. It is stated in the affidavit that the stand of the Government as regards the internal issues in the campuses is that the same are to be sorted out by taking recourse to the dispute resolution mechanisms evolved in terms of statutes or otherwise like College Council, Parent Teacher Association, Disciplinary Committee, Anti-ragging Cell, Grievance Redressal Cell etc. It is, however, stated in the affidavit that peaceful protests of students, teachers and other employees of the institutions in the campuses cannot be barred and the campuses shall be free and open for democratic protest, dialogues and discussions in a peaceful manner. It is also stated in the affidavit that the students should involve in issues affecting them without crossing the barriers of law. It W.P.(C) No.3476 of 2017 & con. cases 69 is however, stated that if the student activities cross the barriers of law, the Head of the institution can seek the assistance of the law enforcement agencies whenever and wherever situations warrant, the purpose of maintaining discipline in the campus and to foster academic excellence. As regards interference of external forces in the campus activities, it is stated in the affidavit that the same has to be dealt with in accordance with the law governing unlawful activities. 9. In W.P. (C) No.20726 of 2019 relating to the college, one of the organizations of students functioning on political lines in the State has also filed an affidavit. It is stated in the affidavit that the students must be free to choose their political views and ideology, and democratic rights shall not be curtailed with the aid of police protection. 10. Heard the learned counsel for the petitioners, the learned Government Pleader as also the learned counsel for the organizations of students who were present at the time of hearing. 11. Having heard the learned counsel for the parties, the following questions are formulated for decision in these matters : i) Do organizations of students, formed on political lines, have any right to compel students who do not W.P.(C) No.3476 of 2017 & con. cases 70 want to partake in their strikes and agitations to forego the academic and other activities in their campus. - ii) Do organizations of students, or for that matter the students, have any right to convene meetings other than official meetings and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses for expressing their protests or dissent on any issues, political or otherwise, or for enforcement of their rights. - iii) The role of the police in matters relating to student unrest in the school and college campuses. 12. Question(i): It is established in these proceedings beyond doubt that organizations of students functioning on political lines in the State used to disrupt the academic and other activities in schools and in some colleges, the students of which do not owe allegiance to them, with a view to compel them to partake in their agitations and strikes by foregoing their academic and other activities in the campuses. In the light of the decision of the Apex court in **Unni** W.P.(C) No.3476 of 2017 & con. cases 71 **Krishnan, J.P. v. State of A.P.,** (1993) 1 SCC 645 **,** there cannot be any doubt that right to education is part of the right to life guaranteed under Article 21 of the Constitution. Further, Article 21A of the Constitution also guarantees to children of the age 6 to 14 a right for free and compulsory education. There cannot be any doubt that excellence in education can be achieved only when the teaching faculty in the educational institutions are able to discharge their duties in the manner in which they are required to do so. If the process of imparting education is obstructed or disturbed, the excellence in education cannot be achieved. In other words, if the process of imparting education is obstructed, the same would affect the right to education guaranteed to the students. In **Vijayakumar v. State of Kerala** 2004 (2) KLT 627, it was held by a Division Bench of this Court that students on strike have no right to cause any obstructions and disturbances to the conduct of classes or to prevent other students from attending classes, for such conducts would affect the right of the students who are not on strike to attend classes without being prevented or disturbed by others, which is part of their fundamental rights. Further, in **T.M.A. Pai Foundation v. State of Karnataka** _,_ (2002) 8 SCC 481 _,_ the Apex court has held that right to establish and W.P.(C) No.3476 of 2017 & con. cases 72 run an educational institution is an activity which is to be regarded as an occupation falling under Article 19(1)(g) of the Constitution. In other words, disruption of the activities in an educational institution would violate the fundamental right of the management to run the institution as well. It is therefore clear that organizations of students will not have any right to disrupt or disturb the academic and other activities of students who do not want to partake in their strikes and agitations or any right to compel such students to forego the academic activities in their campuses. The question is answered accordingly. 13. Question(ii): As observed by the Apex court in **Harpal Singh v. Devinder Singh** , (1997) 6 SCC 660, it is a malady in our country that political parties allure students, particularly in the adolescent age, who are susceptible to easy persuasiveness and who are easily swayable through their student wings for enlisting support and participation of student population in their political programmes. It is common knowledge that organizations of students functioning in the State on political lines are student wings formed by the political parties functioning in the State, though the political parties would proclaim that they have no formal connection with the organizations of students. The materials on record reveal that organizations of students W.P.(C) No.3476 of 2017 & con. cases 73 functioning on political lines have their presence in their respective names in most of the school and college campuses in the State. It is also common knowledge that it is with the active support and assistance of the political parties that their student wings function in the campuses. It is also common knowledge that wherever there exists resistance for the organizations of students to function, the political parties would extend moral as well as physical support to get over the resistances. It has come out that organizations of students functioning on political lines in the campuses used to convene meetings of their members in the campuses itself, contest school and college union elections in their respective names and resort to the modes of agitations like Strike, Dharna, Gherao, processions, etc. in the campuses for expressing their protests or dissent on political issues as also issues within the campus and for enforcement of the rights of students in general and also in particular as applicable to the students in the campus. It has also come out that strikes are performed by organisation of students functioning on political lines by boycotting classes, for the success of which, the organizations would compel even the students who want to attend classes to forgo their classes and to join hands with them. It has also come out that clashes of the students W.P.(C) No.3476 of 2017 & con. cases 74 in the campuses are mostly between the students belonging to different organizations functioning on political lines. Newspapers have reported in recent times even recovery of deadly weapons stored by organizations of students in the campuses. Similarly, there have been even instances of murder of students in the campuses due to inter organisation rivalry. Various instances of destructive activities resorted to by organizations of students and their supporters in the campuses with the active support of external political forces for reinforcing their strength and support in the campus affecting adversely the academic and other activities in the campus are part of the pleadings in these matters. Many instances of violence resorted by organizations of students for enforcing illegitimate demands are also disclosed in the pleadings. It has also come out when untoward incidents take place in the campuses, classes are suspended indefinitely and classes are resumed only when an atmosphere conducive for conducting classes is resumed. The question formulated has to be answered in the aforesaid background. 14. No doubt, Article 19(1)(a) of the Constitution guarantees to students, freedom of speech and expression. Similarly, Article 19(1)(b) guarantees to them freedom to assemble peacefully W.P.(C) No.3476 of 2017 & con. cases 75 and Article 19(1)(c) guarantees to them freedom to form associations. Freedom of speech and expression, freedom to assemble peacefully and freedom to form associations are basic ethos of a democratic system. Students should therefore, certainly have a right to raise their voice against the decisions and actions of the authorities or even to express their resentment over the actions of the authorities on any subject of social or national importance. Further, the right to dissent without fear of victimisation is also implied in a democratic polity, for, it is only through debate, discussion, dialogue and constructive criticism, diversity of perceptions and ideas would emerge, which are necessary for the development of the society. It is beyond dispute that it is on the basis of the aforesaid rights that organizations of students function and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in the campuses for expressing their protests or for enforcement of their rights. The pointed question therefore, is as to whether the rights aforesaid confer on organizations of students a corresponding right to function in school and college campuses and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. W.P.(C) No.3476 of 2017 & con. cases 76 ## 15. In **M.E.S. Ponnani College v. Debashish Kumar** **Behra,** 2017(5) KHC 13, a Division Bench of this court observed that political activities like dharna, hunger strike and other practices like Satyagraha have no place in academic institutions. It was also observed in the said case that anyone indulging in such activities in an educational institution would make himself liable to be expelled and/or rusticated, for, educational institutions are meant for imparting education and not for politics. Earlier, in **Kerala Students Union v. Sojan Francis,** 2004 (2) KLT 378 **,** a Division Bench of this court has observed that students have to voice their opinion on political issues and redress their grievances by recourse to the various forums meant for the same under the University statutes and not through organizations. Paragraph 22 of the judgment which is relevant in the context reads thus : 22. We have gone through the various University Acts, Statutes and Ordinances dealing with affiliated colleges, government colleges etc. University legislations confer considerable powers to students to exercise their freedom of speech and expression and to assemble peacefully in the various statutory bodies established under the University Statutes. The University laws are highly democratic and it permits organisational activities within the campus, through recognised forums like Students W.P.(C) No.3476 of 2017 & con. cases 77 Council, College Council, University Senate, Syndicate, University Union, Cultural and Debating Solution, Students Advisory Bureau etc. Students could ventilate their grievances and express their views on any political issue as a co-curricular activity through these forums within the campus, thereby the rights of the students have been effectively safeguarded by the University laws and statutes. Apex court in _University of Delhi v. Anand Vardhan Chandal_ (2000) 10 SCC 648) held that right to education is a fundamental right but to participate in the Students Union activities at best is only a statutory right and not a fundamental right guaranteed under Arts.21, 19(1)(a) or (c) of the Constitution of India. Students could exercise only those statutory rights permitted by the University laws within the campus of the institutions. The right of private managements and educational agencies to prohibit the interference of organizations of students within the campus, either directly or through their member students and their right to prohibit modes of agitations like strikes, gherao, dharna, bandh, hartal etc was also upheld by the Division Bench in the said case. As noted, in **Vijayakumar v. State of Kerala,** 2004 (2) KLT 627, it has been held by this court that students who are not on strike have a right to attend classes without being prevented or disturbed by others and students on strike have no right to cause obstruction and disturbance to the conduct of classes or to prevent other students from attending classes W.P.(C) No.3476 of 2017 & con. cases 78 and that demonstrations, 'dharna' and similar activities inside the college campus would definitely cause obstruction and disturbance to the conduct of classes and will prevent the teachers from conducting classes and other students from attending classes. It was also held by this court in the said case that if the students on strike want to hold agitation, demonstration, 'dharna', etc., they may hold it only outside the college campus so that no sort of obstruction or disturbance is caused to the smooth functioning of the college and the conduct of classes and on the rights of the other students . 16. The bounds of the freedom that an individual enjoys in a democratic polity has been succinctly stated by the British Philosopher John Stuart Mill thus : “My right to swing my arms in any direction ends where your nose begins.” Similar is the statement made by Abraham Lincoln in this context. The bounds of the freedom has been defined by Abraham Lincoln thus: "My right to swing my fist ends where your nose begins" In other words, the freedom of speech and expression, the freedom to assemble peacefully and the freedom to form associations as available to the students shall not harm others in any manner. It shall not also W.P.(C) No.3476 of 2017 & con. cases 79 cause any injury, disorder or nuisance to others. As observed by Justice Holmes of the U.S. Supreme Court as early as in 1919, in **Schenck v. United States,** 249 U.S. 47(1919), the character of every act depends upon the circumstances in which it is done and even the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. 17. It is relevant in this context to refer to a passage from the decision of the Apex Court in **Dr.D.C. Saxena v. Hon'ble the Chief Justice of India,** (1996) 5 SCC 216 which reads thus: **“** If maintenance of democracy is the foundation for free speech, society equally is entitled to regulate freedom of speech or expression by democratic action. The reason is obvious, viz, that society accepts free speech and expression and also puts limits on the right of the majority. Interest of the people involved in the acts of expression should be looked at not only from the perspective of the speaker but also the place at which he speaks, the scenario, the audience, the reaction of the publication, the purpose of the speech and the place and the forum in which the citizen exercises his freedom of speech and expression. The State has legitimate interest, therefore, to regulate the freedom of speech and expression which liberty represents the limits of the duty of restraint on speech or expression not to utter defamatory or libellous speech or expression. There is a correlative duty not to interfere with the liberty of others. Each is entitled to dignity of person and of reputation. Nobody has a W.P.(C) No.3476 of 2017 & con. cases 80 right to denigrate others’ right to person or reputation. Therefore, freedom of speech and expression is tolerated so long as it is not malicious or libellous, so that all attempts to foster and ensure orderly and peaceful public discussion or public good should result from free speech in the market-place. If such speech or expression was untrue and so reckless as to its truth, the speaker or the author does not get protection of the constitutional right. 18. Education plays a key role in social and economic development of humanity. In so far as the students in the campus have a fundamental right to education, it can be safely held that anything that causes an impediment to the said right would be unconstitutional. The materials on record demonstrate beyond doubt that activities of organizations of students in convening meetings of their members and supporters and their conduct in resorting to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses, are affecting directly and indirectly the academic and other activities of students who do not belong to the organizations and thus violating the fundamental right of such students. I have, therefore, no doubt that organizations of students, or for that matter the students, have no right whatsoever to convene meetings other than official meetings and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses for expressing W.P.(C) No.3476 of 2017 & con. cases 81 their protests or dissent on any issues, political or otherwise, or for enforcement of their rights. The issue is answered accordingly. 19. Question(iii): The stand of the petitioners in all the writ petitions is that they are not being extended timely police aid and consequently, they are unable to ensure the smooth conduct of the institution from external interferences and also from internal disturbances. It is the specific stand of the petitioners that police is not extending aid to run educational institutions at times of student unrest on account of external political interferences. In **M.E.S. Ponnani College** , it has been held by this court that if any student is found to be resorting to and / or enforcing Dharna, Strike or disruption of academic atmosphere in any college, the Principal or the authorities of the institutions would be well within their powers to rusticate them, for these are no means to ventilate their grievance. It is also held by this court in the said case that if called upon by the college authorities, the police would be under obligation to assist the authorities in maintaining peace and orderly conduct of academics in the college premises. It is also held by this court in the said case that if requested for, it is the obligation of the police to clear pickets, tents, stalls etc. set up in and around the college campus or its immediate vicinity for W.P.(C) No.3476 of 2017 & con. cases 82 facilitating Dharna or hunger strike. It is held by the Division Bench in **Antony Thomas v. Muhammed Rafique,** 2017 (4) KLT 586 that it is the obligation of the police to ensure that the academic atmosphere in educational institutions are not disturbed and the educational institutions cannot be hijacked or converted into a political battle field. In **Vijayakumar** , it was held by this court that students indulging in criminal activities inside the college campus are liable to be dealt with just like any other offender, and if situation warrants, police can enter the campus without anybody's request or permission in order to prevent such criminal activities or take action against the offenders. In the light of the judicial pronouncements aforesaid, I am constrained to hold that it is the obligation of the police to ensure that the fundamental rights of the students to pursue their academics in the campuses are not flouted by anyone, including organizations of students. The question is answered accordingly. 20. In the result, It is declared that organizations of students do not have any right to disrupt or disturb the academic and other activities of students who do not want to partake in their strikes and agitations, or any right to compel such students to forego the aforesaid activities in their campuses. Similarly, it is also declared that W.P.(C) No.3476 of 2017 & con. cases 83 organizations of students do not have any right to convene any meetings and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses for expressing their protests or dissent on any issues, political or otherwise, or for enforcement of their rights. It is also declared that it is the obligation of the police to ensure that the fundamental rights of the students to pursue their academics in the campuses are not thwarted by anyone, including organizations of students. It is, however, made clear that this judgement will not preclude the students from voicing their opinion on political issues and redressing their grievances by recourse to the various forums meant for the same in terms of the statutes and executive orders. Similarly, it is also made clear that this judgement will not preclude the competent authorities from introducing appropriate forums in the campuses for the students to voice their opinion on political issues and for redressal of their grievances in accordance with law, if the existing forums are not sufficient for the same. The writ petitions, in the circumstances, are disposed of making the interim orders passed in the matters absolute. 21. Before parting with this judgment, it is necessary to mention that whatever has been stated in this judgment are nothing W.P.(C) No.3476 of 2017 & con. cases 84 but reiterations of what has already been stated in various judicial pronouncements. What is really disturbing is that despite several judgments, the position in the school and college campuses in the State remains to be the same and the institutions are constrained to approach this court even now for police aid so as to enable the students to pursue their education without external and internal disturbances. In other words, the pain and efforts taken by this court in similar matters have become a futile exercise. It is also relevant to note that an approach to this court for police aid is made only by private educational institutions. As far as Government and quasi Government institutions are concerned, the position is that students have to forego their studies until the disturbances and disruptions settle down naturally. The students pursuing studies in such institutions are therefore generally the victims of the student unrest in the campuses. In the circumstances, I deem it appropriate to direct the Director of Collegiate Education, the Director General of Education and also the Registrars of the various Universities in the State to bring this judgment to the notice of the Heads of the educational institutions functioning under them, and direct them to bring the external and internal disturbances affecting the conduct of the classes forthwith to W.P.(C) No.3476 of 2017 & con. cases 85 the notice of the police for necessary aid and to ensure that academic and other activities in the campuses are not affected in any manner. The authorities aforesaid are also directed to ensure compliance of the directions by appropriate means. There will also be a direction to the State Police Chief to bring this judgment to the notice of the police officers concerned in the State with a direction to extend police aid for the smooth conduct of the educational institutions as and when requested for either orally or in writing by the Head of the institutions. The State Police Chief is also directed to ensure compliance of the directions by appropriate means. Registry shall forward copies of this judgment for compliance to the Director of Collegiate Education, the Director General of Education, the Registrars of the various Universities in the State as also to the State Police Chief. **Sd/P.B.SURESH KUMAR, JUDGE** ds 11.2.2020 W.P.(C) No.3476 of 2017 & con. cases 86 ## **APPENDIX OF WP(C) 3476/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1: TRUE COPYOF THE PETITION DATED 10.01.2017 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT WITH ENGLISH TRANSLATION** **EXHIBIT P2: TRUE COPY OF THE RECEIPT DATED 10.01.2017 ISSUE DFROM THE RANNI POLICE STATION FOR EXHIBIT P1 WITH ENGLISH TRANSLATION** **EXHIBIT P3; TRUE COPY OF THE REPRESENTATION DATED 19.01.2017 SUBMITTED TO THE RESPONDENT NO.3 WITH ENGLISH TRANSLATION** W.P.(C) No.3476 of 2017 & con. cases 87 ## **APPENDIX OF WP(C) 21770/2017** **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1** **TRUE COPY OF THE ORDER DATED 29.6.2015 IN WPC NO.18106/15.** - **EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20.8.2015 IN I.A NO.12212/2015 IN WPC NO.18106/15.** - **EXHIBIT P3** - **TRUE COPY OF THE ADVERTISEMENT/NOTIFICATION FOR ADMISSION ISSUED BY THE PETITIONER PUBLISHED IN MATHRUBHUMI DAILY DATED 10.9.2015.** - **EXHIBIT P3(A) TRUE COPY OF ADVERTISEMENT/NOTIFICATION FOR ADMISSION ISSUED BY THE PETITIONER PUBLISHED IN MATHRUBUMI DAILY DTD.18.11.2016.** - **EXHIBIT P4 TRUE COPY OF ALLOTMENT MEMO/UNDERTAKING DATED 18.10.2013 OF AFTHABUDHEEN P.K.** - **EXHIBIT P4(A)** - **TRUE COPY OF ALLOTMENT MEMO/UNDERTAKING DATED 2.7.2014 OF ASWINI ANAND.** - **EXHIBIT P4(B)** - **TRUE COPY OF ALLOTMENT MEMO/UNDERTAKING DATED 16.9.2015 OF KAJAL VISHWANATH.** - **EXHIBIT P4(C) TRUE COPY OF ALLOTMENT MEMO/UNDERTAKING DATED 21.11.2016 OF MANEESHA KP.** - **EXHIBIT P5** **TRUE COPY OF THE ORDER DATED 16.5.2017 OF THE FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA.** W.P.(C) No.3476 of 2017 & con. cases 88 **EXHIBIT P6** **EXHIBIT P7** **EXHIBIT P8** **TRUE COPY OF THE PETITION DTD.18.6.2017 SUBMITTED TO THE SI OF POLICE, FEROKE WITH TRANSLATION.** **TRUE COPY OF THE PETITION DATED 18.6.2017 SUBMITTED TO THE SI OF POLICE, THENHIPALAM WITH TRANSLATION.** **TRUE COPY OF THE PETITION DATED 20.6.2017 SUBMITTED TO THE SI OF POLICE, FEROKE AND RECEIPT WITH TRANSLATION.** W.P.(C) No.3476 of 2017 & con. cases 89 ## **APPENDIX OF WP(C) 23272/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE LETTER ISSUED BY DIRECTOR OF TRAINEE, GOVERNMMENT OF KERALA DATED 20.11.2003** **EXHIBIT P1(A) TRUE TRANSLATION OF EXHIBIT P1 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION TO THE RESPOMNDENTS 4&5 DATED 6.10.2016** **EXHIBIT P2(A) TRUE TRANSLATION OF EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE RECEIPTS DATED 6.10.2016** **EXHIBIT P3(A)** **TRUE TRANSLATION OF EXHIBIT P3** W.P.(C) No.3476 of 2017 & con. cases 90 ## **APPENDIX OF WP(C) 23308/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBITP1** **TRUE COPY OF THE COMPLAINT DATED 7-72017 SUBMITTED BEFORE THE 2ND RESPONDENT** **EXHIBIT P2** **TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT ACKNOWLEDGING EXHIBITP1** **EXHIBIT P3** **TRUE COPY OF THE COMPLAINT DATED 7-72017 BEFORE THE 2ND RESPONDENT** **EXHIBIT P4** **TRUE COPY O THE COMPLAINT FILED BEFOE THE 1ST RESPONDENT ON 08-07-2017 BY THE PRINCIPAL OF THE PETITIONER COLLEGE** W.P.(C) No.3476 of 2017 & con. cases 91 ## **APPENDIX OF WP(C) 23860/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE AFFILIATION ORDER DATED 07.02.2015 ISSUED BY THE BOARD. EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 18.06.2014 ISSUED BY THE MINISTER, HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA. EXHIBIT P3(ALONG A TRUE COPY OF THE LETTER DATED WITH ENGLISH 06.07.2017 ISSUED BY THE PRESIDENT ABVP TRANSLATION KUNNATHUR ASSEMBLY TO THE PETITIONER. EXHIBIT P4 A TRUE COPY OF THE PETITION/REPRESENTATION DATED 06.07.2017 SUBMITTED TO THE 3RD RESPONDENT.** **EXHIBIT P5 A TRUE COPY OF THE PETITION/REPRESENTATION DATED 06.07.2017 SUBMITTED TO THE 4TH RESPONDENT.MANDALAM COMMITTEE, KUNNATHOOR, KOLLAM - 690 540.** W.P.(C) No.3476 of 2017 & con. cases 92 ## **APPENDIX OF WP(C) 24192/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A PHOTOCOPY OF THE RELEVANT PAGES OF THE BYE-LAWS SPECIFIED IN THE COLLEGE CALENDAR.** **EXHIBIT P1 (A) A PHOTOCOPY OF THE FIR DATED 11.07.2017. EXHIBIT P2 PHOTOGRAPHS OF THE INCIDENTS AND A SEGMENT OF DAMAGES.** **EXHIBIT P3 PHOTOCOPY OF THE NEWSPAPER REPORT IN MATHRUBHUMI DATED 12.07.2017.** **EXHIBIT P3(A) PHOTOCOPY OF THE NEWSPAPER REPORT IN MALAYALA MANORAMA DATED 12.07.2017. EXHIBIT P3(B) PHOTOCOPY OF THE NEWSPAPER REPORT IN THE DECCAN CHRONICLE DATED 12.07.2017.** **EXHIBIT P4 PHOTOCOPY OF THE MINUTES OF THE PTA MEETING DATED 13.07.2017.** **EXHIBIT P5 PHOTOCOPY OF THE REQUEST DATED 19.07.2017.** W.P.(C) No.3476 of 2017 & con. cases 93 ## **APPENDIX OF WP(C) 24421/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE COMPLAINT LODGED TO FOR THE 1ST RESPONDENT DATED 15.07.2017 EXHIBIT P2 TRUE COPY OF THE COMPLAINT LODGED BEFORE THE 4TH RESPONDENT DATED 15.07.2017** W.P.(C) No.3476 of 2017 & con. cases 94 ## **APPENDIX OF WP(C) 24629/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF NOTICE DATED 22-6-17 EXHIBIT P2 TRUE COPY OF THE NOTICE DTD 3-7-17 EXHIBIT P3 TRUE COPY OF THE NOTICE DTD 6-7-17 EXHIBIT P4 TRUE COPY OF THE NOTICE DTD 13-7-217 EXHIBIT P5 PETITION DATED 10-07-17 GIVEN PETITIONER TO 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 11-07-17 EXHIBIT P7 TRUE COPY OF THE PETITION DATED 10-0717 TO 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 12-7-17 OF 3RD RESPONDENT EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER IN W.P9C) NO 25573/15 DTD 20-08-15** W.P.(C) No.3476 of 2017 & con. cases 95 ## **APPENDIX OF WP(C) 24913/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTION OF THE PRESS REPORT IN THE MATHRUBHUMI DAILY NEWSPAPAR DATED 15/7/2017** **EXHIBIT P2 A TRUE COPY OF THE PETITION/REPRESENTED DATED 14/7/2017 SUBMITTED TO THE 3RD RESPONDENT** W.P.(C) No.3476 of 2017 & con. cases 96 ## **APPENDIX OF WP(C) 24995/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE LIST SHOWING NUMBER OF STUDENTS STUDYING IN DIFFERENT CLASSES IN THE SCHOOL.** **EXHIBIT P2** - **TRUE COPY OF THE COMPLAINT DATED 23.06.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH RECEIPT WITH ENGLISH TRANSLATION.** **EXHIBIT P3** - **TRUE COPY OF THE COMPLAINT DATED 04.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT WITH RECEIPT WITH ENGLISH TRANSLATION.** - **EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 07.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT WITH RECEIPT WITH ENGLISH TRANSLATION.** - **EXHIBIT P5** - **TRUE COPY OF THE PHOTOGRAPHS OF THE WORKERS OF 5TH RESPONDENT INSIDE THE SCHOOL COMPOUND** **EXHIBIT P6** - **TRUE COPY OF THE COMPLAINT DATED 14.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH RECEIPT WITH ENGLISH TRANSLATION.** **EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 13.02.2017 IN WPC.NO. 3476/2017** W.P.(C) No.3476 of 2017 & con. cases 97 ## **APPENDIX OF WP(C) 25056/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE COMPLAINT DATED 21.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPNDENT ALONG WITH ITS RECEIPT.** **EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 13.02.017 IN WPC 3476 OF 2017** W.P.(C) No.3476 of 2017 & con. cases 98 ## **APPENDIX OF WP(C) 25079/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **THE COPY OF CIRCULAR DATED 09.11.2007 BY WHICH THE MANAGEMENT BANNED STUDENT POLITICS IN THE COLLEGE.** **EXHIBIT P2 THE COPY OF ANONYMOUS COMPLAINT TO THE NATIONAL ANTI-RAGGING CELL OF THE UNIVERSITY GRANTS COMMISSION.** **EXHIBIT P3 THE COPY OF EXPLANATION CALLED FOR BY THE UNIVERSITY GRANTS COMMISSION DATED 10.09.2012.** **EXHIBIT P4 THE COPY OF JUDGMENT DATED 11.7.2013 IN W.P.(C) NO.12194/2013.** **EXHIBIT P5 THE COPY OF NEWSPAPER REPORT PUBLISHED IN DECCAN CHRONICLE ON 20.7.2017. EXHIBIT P6 THE COPY OF NEWSPAPER REPORT PUBLISHED IN TIMES OF INDIA ON 20.7.2017.** **EXHIBIT P7 THE COPY OF NEWSPAPER REPORT PUBLISHED IN INDIAN EXPRESS ON 20.7.2017.** **EXHIBIT P8 THE COPY OF REPRESENTATION DATED 18.7.2017 GIVEN BY PETITIONER.** **EXHIBIT P9 THE COPY OF REPRESENTATION DATED 24.7.2017 BEFORE THE DISTRICT COLLECTOR.** W.P.(C) No.3476 of 2017 & con. cases 99 ## **APPENDIX OF WP(C) 25325/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBITY-P1 TRUE COPY OF THE COMPLAINT DATED 04/07/2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT** **EXHIBIT-P2 TRUE COPY OF THE INTERIM ORDER DATED 13/02/2017 IN W.P(C) 3476/2017** W.P.(C) No.3476 of 2017 & con. cases 100 ## **APPENDIX OF WP(C) 25368/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY THE PRICIPAL.** **EXHIBIT P1(A)** **TRUE COPY OF ENGLISH TRANSLATION OF MALAYALAM EXT. P1** **EXHIBIT P2 TRUE COPY OF DISMISSAL ORDER DATED 21.07.2017 OF 4TH RESPONDENT.** **EXHIBIT P3 TRUE COPY OF DISMISSAL ORDER DATED 21.07.2017 OF 5TH. RESPONDENT EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 21.07.2017 SUBMITTED BY THE PRINCIPAL.** **EXHIBIT P4(A) TRUE COPY OF ENGLISH TRANSLATION OF MALAYALAM EXT.P4.** **EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 25.07.2017 SUBMITTED BY THE PRINCIPAL.** **EXHIBIT P5(A) TRUE COPY OF ENGLISH TRANSLATION OF MALAYALAM EXT.P5.** **EXHIBIT P6 TRUE COPY OF COMPLAINT DATED 27.07.2017 SUBMITTED BY THE PRINCIPAL.** **EXHIBIT P6(A)** **TRUE COPY OF ENGLISH TRANSLATION OF MALAYALAM EXT.P6.** W.P.(C) No.3476 of 2017 & con. cases 101 ## **APPENDIX OF WP(C) 25604/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 THE COPY OF REGISTRATION CERTIFICATE OF 6.10.1990 ISSUED BY THE REGISTRAR OF SOCIETIES AND ITS ENGLISH TRANSLATION.** **EXHIBIT P2 THE COPY OF NEWS PAPER REPORT DATED 19.7.2017 IN MANORAMA DAILY AND ITS ENGLISH TRANSLATION.** **EXHIBIT P3 A COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 25.7.2017 AND ITS ENGLISH TRANSLATION.** **EXHIBIT P4 THE RECEIPT SHOWING THE ACCEPTANCE OF COMPLAINT BY THE 1ST RESPONDENT.** W.P.(C) No.3476 of 2017 & con. cases 102 ## **APPENDIX OF WP(C) 25836/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT-P1: PHOTOGRAPHS FROM THE CCTV CAMERA INSTALLED NEAR THE COLLEGE GATE. EXHIBIT-P2: PHOTOGRAPHS OF THE ACTIVITIES OF THE RESPONDENTS 5 TO 13. EXHIBIT-P3: PHOTOCOPY OF THE REQUEST DT.29.07.2017 BEFORE THE 3RD RESPONDENT. EXHIBIT-P4: PHOTOCOPY OF THE REQUEST DT.29.07.2017 BEFORE THE 4TH RESPONDENT. EXHIBIT-P5: PHOTOCOPY OF THE ACKNOWLEDGMENT RECEIPT DT.29.07.2017. EXHIBIT-P6: PHOTOGRAPHS OF THE INCIDENTS ON 31.07.2017.** W.P.(C) No.3476 of 2017 & con. cases 103 ## **APPENDIX OF WP(C) 26344/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE AFFILIATION ORDER NO.CBSE/AFF/930764 (EX-008411516)/2014/766196 DATED 14.10.2014 VALID UPTO 31.03.2019.** **EXHIBIT P2 A TRUE COPY OF THE LETTER/REPRESENTATION DATED 12.07.2017 SUBMITTED TO THE 3RD RESPONDENT.** W.P.(C) No.3476 of 2017 & con. cases 104 ## **APPENDIX OF WP(C) 27147/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1:** **THE COPY OF REGISTRATION CERTIFICATE DATED 5.12.2007 ISSUED BY THE REGISTRAR OF SOCIETIES TO THE PETITIONER AND ITS ENGLISH TRANSLATION.** **EXHIBIT P2: THE COPY OF NEWS PAPER REPORT DATED 19.7.2017 IN MANORAMA DAILY AND ITS ENGLISH TRANSLATION.** **EXHIBIT P3: A COPY OF REPRSENTATION SUBMITTED BY THE PRINCIPAL OF THE SCHOOL DATED 25.7.2017 AND ITS ENGLISH TRANSLATION.** **EXHIBIT P4: THE RECEIPT SHOWING THE ACCEPTANCE OF COMPLAINT BY THE IST RESPONDENT.** W.P.(C) No.3476 of 2017 & con. cases 105 ## **APPENDIX OF WP(C) 27998/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P** **A TRUE COPY OF THE NEWSPAPER REPORT CAME IN MALAYALA MANORAMA DAILY DATED 11.8.2017.** **EXHIBIT P2 A TRUE COPY OF THE NEWSPAPER REPORT CAME IN MATHRUBHUMI DAILY DATED 15.8.2017.** **EXHIBIT P3 A TRUE COPY OF THE NEWSPAPER REPORT CAME IN MADHYAMAM DAILY DATED 15.8.2017.** **EXHIBIT P4 A TRUE COPY OF THE NEWSPAPER REPORT CAME IN MALAYALA MANORAMA DAILY DATED 15.8.2017.** **EXHIBIT P5 TRUE COPIES OF THE NOTICE DATED 16.8.2017, PUBLISHED IN THE NOTICE BOARD OF THE COLLEGE, SUSPENDING 19 STUDENTS.** **EXHIBIT P6 A TRUE COPY OF ONE OF THE REPRESENTATION DATED 18.8.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** W.P.(C) No.3476 of 2017 & con. cases 106 ## **APPENDIX OF WP(C) 28239/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE REPORT DATED 07/08/2017 SUBMITTED BY THE RETURNING OFFICE BEFORE THE PRINCIPAL OF THE COLLEGE.** - **EXHIBIT P2 A TRUE COPY OF THE FIR DATED 04/08/2017 REGISTERED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI.** - **EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 04/08/2017, ALONG WITH LIST OF STUDENTS INVOLVED IN THE VIOLENCE, WHICH WAS SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE 5TH RESPONDENT.** - **EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 04/08/2017 SUSPENDING THE RESPONDENTS FROM THE COLLEGE.** - **EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 19/08/2017 SUSPENDING THE RESPONDENTS FROM THE COLLEGE.** - **EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 14/08/2017 PUBLISHED BY THE PRINCIPAL OF THE COLLEGE IN THE NOTICE BOARD OF THE COLLEGE.** **EXHIBIT P7 A TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 24/08/2017. EXHIBIT P8 A TRUE COPY OF ONE OF THE REPRESENTATION DATED 17/8/2017 ON BEHALF OF THE PETITIONER BEFORE THE 3RD RESPONDENT.** W.P.(C) No.3476 of 2017 & con. cases 107 ## **APPENDIX OF WP(C) 986/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1.** **A TRUE COPY OF THE NOTICE DATED 06.11.2017 GIVEN TO THE PRINCIPAL.** **EXHIBIT P2** **A TRUE COPY OF THE ORDER DATED 07.11.2017, SUSPENDING THE RESPONDENTS 8, 9 AND THREE OFFICERS FROM THE PETITIONER COLLEGE.** - **EXHIBIT P3. A TRUE COPY OF THE ORDER DATED 07.11.2017 OF THE PRINCIPAL OF THE PETITIONER COLLEGE CONSTITUTING AN ENQUIRY COMMITTEE.** - **EXHIBIT P4. A TRUE COPY OF THE ORDER OF DISMISSAL DATED 27.11.2017 ISSUED BY THE PETITIONER, DISMISSING THE 8TH RESPONDENT FROM THE COLLEGE.** - **EXHIBIT P5. A TRUE COPY OF THE ORDER OF DISMISSAL DATED 27.11.2017 ISSUED BY THE PETITIONER, DISMISSING THE 9TH RESPONDENT FROM THE COLLEGE.** - **EXHIBIT P6. A TRUE COPY OF THE ORDER OF IMPOSING A PUNISHMENT OF SEMESTER OUT WITH RESPECT TO THE 10TH RESPONDENT DATED 27.11.2017.** - **EXHIBIT P7.** **A TRUE COPY OF THE COMPLAINT DATED 19.12.2017, ALONG WITH LIST OF STUDENTS INVOLVED IN THE VIOLENCE, WHICH WAS SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE 4TH RESPONDENT.** W.P.(C) No.3476 of 2017 & con. cases 108 **EXHIBIT P8.** **A TRUE COPY OF THE INTIMATION DATED NIL ISSUED TO THE PRINCIPAL OF THE COLLEGE BY THE 4TH RESPONDENT.** - **EXHIBIT P9.** - **A TRUE COPY OF THE REPRESENTATION DATED 20.12.2017, SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE 2ND RESPONDENT, REQUESTING FOR POLICE PROTECTION.** - **EXHIBIT P10. A TRUE COPY OF THE STRIKE NOTICE DATED 05.01.2018 GIVEN TO BEHALF OF THE 5TH RESPONDENT.** - **EXHIBIT P11. A TRUE COPY OF THE NOTICE DATED 08.01.2018 PUBLISHED BY THE PRINCIPAL OF THE COLLEGE, INFORMING THAT, THE COLLEGE IS CLOSED TILL FURTHER ORDERS.** - **EXHIBIT P12. A TRUE COPY OF THE INTERIM ORDER DATED 25.08.2017 IN W.P(C) NO.28239 OF 2017 OF THE HON'BLE HIGH COURT OF KERALA.** - **EXHIBIT P13.** - **A TRUE COPY OF THE INTERIM ORDER DATED 03.10.2017 IN CONTEMPT CASE (CIVIL) NO.1597 OF 2017, OF THE HON'BLE HIGH COURT OF KERALA.** - **EXHIBIT P14.** - **A TRUE COPY OF THE INTERIM ORDER DATED 10.10.2017 IN CONTEMPT CASE (CIVIL) NO.1597 OF 2017, OF THE HON'BLE HIGH COURT OF KERALA.** - **EXHIBIT P15.** - **A TRUE COPY OF THE INTERIM ORDER DATED 20.10.2017 IN CONTEMPT CASE (CIVIL) NO.1597 OF 2017, OF THE HON'BLE HIGH COURT OF KERALA.** W.P.(C) No.3476 of 2017 & con. cases 109 ## **APPENDIX OF WP(C) 10125/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1: TRUE COPY OF THE FIR IN CRIME NO.2070 OF 2017 OF KOLLAM WEST POLICE STATION DATED 23/10/2017.** **EXHIBIT P2: TRUE COPY OF THE LETTER SENT TO THE 3RD RESPONDENT, COMMISSIONER OF POLICE, KOLLAM DATED 28.02.2018** **EXHIBIT P3: TRUE COPY OF THE REPRESENTATION SUBMITTE DBEFORE THE 3RD RESPONDENT DATED 16-3-2018** W.P.(C) No.3476 of 2017 & con. cases 110 ## **APPENDIX OF WP(C) 23718/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **THE COPY OF PROCEEDINGS DATED 25.10.2016 AS REGARD THE RESOLVE OF ALL PARTY MEETING TO ADJURE THE SCHOOL FROM ALL UNNECESSARY AGITATIONS AND STRIKES** **EXHIBIT P2** **THE COPY OF F.I.R. DATED 2.7.2018 IN CRIME NO. 715/2018 OF ARYANCODE POLICE STATION** W.P.(C) No.3476 of 2017 & con. cases 111 ## **APPENDIX OF WP(C) 20536/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE COMPLAINT DATED 21.6.2019 BY PETITIONERS TO THE 3RD RESPONDENT ALONG WITH THE RECEIPT ISSUED .** **EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 21.6.2019 BY THE WRIT PETITIONERS BEFORE THE IST RESPONDENT.** **EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 21.6.2019 BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT** **EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 5.7.2019 TO THE IST RESPONDENT ALONG WITH THE POSTAL RECEIPT.** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 13.7.2018 IN WPC NO.22986/2018.** W.P.(C) No.3476 of 2017 & con. cases 112 ## **APPENDIX OF WP(C) 20726/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER GIVEN BY THE 4TH RESPONDENT TO THE FIRST PETITIONER DATED 19.07.2019.** **EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER TO THE 2ND RESPONDENT DATED 19.07.2019.** **EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 22.07.2019.** **EXHIBIT P4** **TRUE COPY OF THE ORDER OS SUSPENSION ISSUED BY THE SECOND PETITIONER DATED 19.07.2019.** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R4(A)** **TRUE COPY OF REPRESENTATION SIGNED BY STUDENTS OF PETITIONER'S INSTITUTION DATED 06-08-2019.** **EXHIBIT R4(B) TRUE COPY OF MEMO ISSUED BYPETITIONER SUSPENDING THE 4TH RESPONDENT FROM INSTITUTION DATED 19-07-2019.** W.P.(C) No.3476 of 2017 & con. cases 113 ## **APPENDIX OF WP(C) 24075/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPHS OF THE ENTRANCE OF THE PETITIONER COLLEGE EXHIBIT P2 TRUE COPY OF THE LETTER TO THE 3RD RESPONDENT ALONG WITH RECEIPT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE 2ND RESPONDENT**