W.P.(C) No. 23424 & 24045 of 2019, High Court of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE BASANT BALAJI ``` ``` SATURDAY, THE 5[TH] DAY OF AUGUST 2023 / 14TH SRAVANA, 1945 ``` ## **`WP(C) NO. 24045 OF 2019`** ## **`PETITIONER/S:`** ``` 1THE VNS COLLEGE OF ARTS AND SCIENCE, KONNI, KONNAPPARA, ATHUMPUMKULAM P.O., PATHANAMTHITTA DISTRICT-689692, REPRESENTED BY ITS CHAIRMAN- N.SIVARAMAN, AGED 70 YEARS, S/O.NARAYANAN NAIR, RESIDING AT USHAS, PERUMPULICKAL, MANNAM NAGAR P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN-689501. ``` ``` 2THE PRINCIPAL, THE VNS COLLEGE OF ARTS AND SCIENCE, KONNI, KONNAPPARA, ATHUMPUMKULAM P.O., PATHANAMTHITTA DISTRICT-689692. BY ADVS. D.KISHORE MINI GOPINATH MEERA GOPINATH R.MURALEEKRISHNAN ``` ## **`RESPONDENT/S:`** - `1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.` - `2 THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT, PIN-686562.` - `3 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT CHIEF, PATHANAMTHITTA DISTRICT, PIN-689645.` - `4 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THAZHOORKADAVU ROAD, PATHANAMTHITTA-689645.` - `5 THE INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA DISTRICT, PIN689691.` - `6 THE STUDENTS FEDERATION OF INDIA (SFI), VNS COLLEGE OF ARTS AND SCIENCE, KONNI, KONNAPPARA, ATHUMPUMKULAM P.O.,PATHANAMTHITTA DISTRICT-689692, REPRESENTED BY ITS UNIT SECRETARY, AMEER S., S/O.SHAHUL HAMEED, RESIDING AT POTTAKKUNNEL HOUSE, KONNI, PATHANAMTHITTA DISTRICT, PIN-689691.` - `7 THE AKHILA BHARATHIYA VIDYARTHI PARISHAD (ABVP), VNS COLLEGE OF ARTS AND SCIENCE, KONNI, KONNAPPARA,` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 2 ``` ``` ATHUMPUMKULAM P.O.,PATHANAMTHITTA DISTRICT-689692, REPRESENTED BY ITS UNIT SECRETARY, SACHIN S., S/O.SATHEESAN P., RESIDING AT SATHEESH BHAVANAM, MARUR P.O., PATHANAMTHITTA DISTRICT, PIN-691524. 8THE KERALA STUDENTS UNION (KSU), VNS COLLEGE OF ARTS AND SCIENCE, KONNI, KONNAPPARA, ATHUMPUMKULAM P.O.,PATHANAMTHITTA DISTRICT-689692, REPRESENTED BY ITS UNIT SECRETARY, JAYAKRISHNAN S., S/O.SAJI J., RESIDING AT GEETHANJALI, MARUR P.O., PATHANAMTHITTA DISTRICT, PIN-691524. BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.AJAY JAYACHANDRAN ``` ## **`OTHER PRESENT:`** ``` GP V. K SUNIL, SRI. SURIN GEORGE IPE - SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2023, ALONG WITH WP(C).23424/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 3 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE BASANT BALAJI SATURDAY, THE 5[TH] DAY OF AUGUST 2023 / 14TH SRAVANA, 1945 ``` ## **`WP(C) NO. 23424 OF 2019`** ## **`PETITIONER/S:`** - `1 THE MANNAM MEMORIAL N.S.S. COLLEGE KONNI, PATHANAMTHITTA, PIN-689 691, REPRESENTED BY ITS CHAIRMAN C.N. SOMANADHAN NAIR, AGED 67 YEARS, S/O NARAYANAN NAIR, RESIDING AT KARTHIKA, KODUMTHARAM, PATHANAMTHITTA P.O.PIN-689 645.` ``` 2THE PRINCIPAL, MANNAM MEMORIAL N.S.S.COLLEGE, KONNI, PATHANAMTHITT, PIN-689 691. BY ADVS. D.KISHORE SMT.MINI GOPINATH SMT.MEERA GOPINATH SRI.R.MURALEEKRISHNAN (MALAKKARA) ``` ## **`RESPONDENT/S:`** - `1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.` - `2 THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O.KOTTAYAM DISTRICT, PIN-686 562.` - `3 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT CHIEF, PATHANAMTHITTA DISTRICT, PIN-689 645.` - `4 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THAZHOORKADAVU ROAD, PATHANAMTHITTA-689 645.` - `5 THE CIRCLE INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA DISTRICT, PIN-689 691.` - `6 THE STUDENTS FEDERATION OF INDIA(SFI), MANNAM MEMORIAL NSS COLLEGE UNIT, KONNI, PATHANAMTHITTA, PIN-689 691 REPRESENTED BY ITS UNIT SECRETARY, MELBIN SIBI RESIDING AT SANGOOR HOUSE, MALLASSERY P.O.PRAMADAM VILLAGE, KONNI TALUK,` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 4 ``` ``` PATHANAMTHITTA DISTRICT, PIN-689 646. 7THE AKHILA BHARATHIYA VIDYARTHI PARISHAD (ABVP), MANNAM MEMORIAL NSS COLLEGE UNIT, KONNI, PATHANAMTHITTA, PIN-689 691 REPRESENTED BY ITS UNIT SECRETARY, VISHNU M.S RESIDING AT MULLASSERIL, PATHALIL, KADAMMANITTA, PATHANAMTHITTA DISTRICT, PIN - 689 649. 8THE KERALA STUDENTS UNION (KSU), MANNAM MEMORIAL NSS COLLEGE UNIT, KONNI, PATHANAMTHITTA, PIN-689 691 REPRESENTED BY ITS UNIT SECRETARY, SOORAJ T. PRAKASH RESIDING AT UTHRAM NIVAS, MEKOZHOOR P.O.MYLAPRA VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN-689 678 BY ADVS. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.AJAY JAYACHANDRAN ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2023, ALONG WITH WP(C).24045/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 5 ``` ## **`J U D G M E N T`** ## **`(Dated this the 4[th] day of August, 2023)`** ``` The petitioners in both these writ petitions are two colleges as well as the principals. They have approached this Court for a declaration that the respondents or any other political student unions or organisations have no right to set up their units within the college campus of the petitioners and they do not have any right to conduct strikes, demonstrations, agitations or dharnas inside the college campus or to bring into college campus any banner, flag, board, notice, pamphlets or such other material for purpose of any political activity or to indulge in any activity which may cause disruption to classes or disturbance in the college campus, as per law laid down by this Court in various decisions. ``` ``` 2. This Court has, in 2004 itself, had took up the issue whether an educational institution has got freedom to prohibit political activities ``` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 6 ``` ``` within the college campus and forbid the students from organising or attending meetings other than official ones within college campus. ``` ``` 3.The Division Bench of this Court in KeralaStudents Union Vs. Sojan Francis reported in2004 (2) KLT 378 in para 30 and 31 has declared as follows:- ``` ``` 30. We need not labour much on the meaning of the word "politics", "political activities" or "political activism". The Managements have taken up a clear stand what is bothering them and the teaching faculty is the interference of students organizations like SFI, ABVP, KSU, etc. within the campus directly and through member students and also the constant strike, dharna, gherao etc. indulged in by the students within the campus. Students can, according to them, voice their opinion on any political issue in the various forums ear marked to them under the University Statutes, but not through the organizations which have not been recognised either by University Statutes, State Government or by the educational institutions. ``` ``` 31. The Principal Secretary, Education, Government of Kerala in the counter affidavit has suggested various measures to maintain discipline in the educational institutions in the State. In sub para 3 of para 7 of the counter affidavit filed by theState Government it is stated that political activity shall not be allowed in the campos and demonstration, campaign, rioting etc. shall not be allowed. Further it is also stated no banners, flags, posters etc. should be allowed inside the campus. Sub para (11) of para 7 it is stated that specific conditions of admission and terms of a code of conduct shall be included in the college ``` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 7 ``` ``` calendar and an undertaking be obtained from the students and parents. The Principal Secretary to Education Department also stated in the counter affidavit that the Government would implement those measures based on the directions of this court. Measures suggested by the State Government are to be welcomed while upholding the right of the Managements to stall organizational activities of students organizations like SFI, ABVP, KSU etc. directly or through their member students within the campus. Strike, dharna, gherao etc. indulged in by the students the campus can also be prevented and State Government and the Universities have got a legal obligation to protect the rights of not only the Management, Principal and the teaching faculty of the affiliating colleges but also that of Government owned colleges and educational institutions and to take appropriate measures to enforce those rights. In the decision of the Apex Court in Haripal Singh v. Devinder Singh (1997) 6 SCC 660), Thomas, J. in his inimitable style has highlighted the bane of campus politics which resulted in the death of a student studying in the final year M.A. Economics. Measures suggested by the State Government, in our view, would strengthen the Managements and Principals to enforce the discipline. ``` ``` 4.Thereafter in 2007, this Court was called upon with another question regarding ‘Campus Politics’ whether the students unions have right to set up their units within the college campus. This Court in Manager, S.N.M. College & SNMIMT, Maliankara & Ors V. The S.I.of Police & Ors reported in 2007(1) KHC 9 has held as follows:- ``` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 8 ``` ``` 8. We find in spite of the declaration of law laid down by this Court in Sojan Francis' case, supra that private managements and educational institutions have the right to prohibit political activities within the college campus and forbid students from organising or attending meetings other than the official ones, those directions are not being followed in some of the colleges just like in the present case. Students organisations even after the guidelines laid down by this Court in Sojan Francis case, supra, are still creating disturbances in the college campus. We make it clear as and when complaint is received from the Management or Principal of an educational Institution in the State the police has got a duty to act and see that those students organisation be kept away from the college campus. Students Unions have no right to set up their units within the college campus. Students Federation of India or other Students Unions have no right to start their Union activities within the college campus since they are bound by the judgment of this Court. If the Union starts any such activities within the college campus in violation of the decision of this Court reported in 2004 (2) KLT 3782 and the rules framed by the University, the Management can approach the police officials who will see that such attempts are averted failing which appropriate action would be taken for contempt of Court proceedings. ``` ``` 9. This writ petition is disposed of with a direction to the Director General of Police to see that the judgment of this Court in Kerala Students Union v. Sojan Francis, 2004 (2) KLT 3782 and the Conduct Rules framed by the M.G. University are scrupulously followed. Respondents 1 and 2 would give adequate and effective protection to the petitioners as and when requested. ``` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 9 ``` ``` 5.Even after declaration by this Court in Sojan Francis and Manager, S.N.M. College,this Court had to take up the issue again in 2017 in Antony Thomas Vs. Muhammed Rafiquereported in 2017 (4) KLT 586. ``` ``` Thus it can be seen that the issue has been substantially decided by this Court in the above mentioned judgments. Therefore these writ petitions are disposed of declaring that the dictum laid down by this Court in the above judgments will be apply to the petitioners’ college also. ``` ``` The Writ petitions are disposed of. ``` ``` Sd/- ``` ``` BASANT BALAJI, JUDGE ``` ``` SM ``` ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 10 ``` ## **`APPENDIX OF WP(C) 23424/2019`** |`PETITIONER EXHIBITS`|| |---|---| |`EXHIBIT P1`|`TRUE COPY OF THE JUDGMENT DATED 12.8.2015 IN`| ||`WPC 24582/2015 OF THIS HONOURABLE COURT.`| |`EXHIBIT P2`|`TRUE COPY OF THE REQUEST DATED NIL SUBMITTED`| ||`BY THE 6TH RESPONDENT TO THE 2ND PETITIONER`| |`EXHIBIT P2`|`THE ENGLISH TRANSLATION OF EXHIBIT P2.`| |`EXHIBIT P3`|`TRUE COPY OF THE REQUEST DATED 5.7.2019`| ||`SUBMITTED BY THE 7TH RESPONDENT TO THE 2ND`| ||`PETITIONER`| |`EXHIBIT P4`|`THE ENGLISH TRANSLATION OF EXHIBIT P4`| |`EXHIBIT P4`|`TRUE COPY OF THE REQUEST DATED 5.7.2019`| ||`SUBMITTED BY THE 8TH RESPONDENT TO THE 2ND`| ||`PETITIONER`| |`EXHIBIT P5`|`TRUE COPY OF THE NOTICE DATED 15.7.2019`| ||`SUBMITTED BY THE 6TH RESPONDENT TO THE 2ND`| ||`PETITIONER`| |`EXHIBIT P5`|`THE ENGLISH TRANSLATION OF EXHIBIT P5`| |`EXHIBIT P6`|`TRUE COPY OF THE NOTICE DATED 1.8.2019 ISSUED`| ||`BY THE 7TH RESPONDENT TO THE 2ND PETITIONER`| |`EXHIBIT P6`|`THE ENGLISH TRANSLATION OF EXHIBIT P6`| |`EXHIBIT P7`|`TRUE COPY OF THE NOTICE DATED 19.7.2019`| ||`SUBMITTED BY THE 8TH RESPONDENT TO THE 2NDE`| ||`PETITIONER`| |`EXHIBIT P7`|`THE ENGLISH TRANSLATION OF EXHIBIT P7`| |`EXHIBIT P8`|`THE ENGLISH TRANSLATION OF EXHIBIT P8`| |`EXHIBIT P8`|`TRUE COPY OF THE NOTICE DATED 30.7.2019`| ||`ISSUED BY THE 2ND PETITIONER TO THE`| ||`RESPONDENTS 6 TO 8`| |`EXHIBIT P9`|`TRUE COPY OF THE REPRESENTATION DATED`| ||`2.8.2019 SUBMITTED BY THE 223 PARENTS BEFORE`| ||`THE CHAIRMAN OF THE 1ST PETITIONER COLLEGE`| |`EXHIBIT P9`|`THE ENGLISH TRANSLATION OF EXHIBIT P9`| |`EXHIBIT P10`|`TRUE COPY OF THE MAHATMA GANDHI UNIVERSITY`| ||`STUDENTS CODE OF CONDUCT RULES`| |`RESPONDENT EXHIBITS`|| |`EXHIBIT R6(a)`|`THE TRUE COPY OF THE CONSTITUTION OF STUDENTS`| ||`FEDERATION OF INDIA.`| ``` W.P.(C) No. 23424 & 24045 of 2019 ``` ``` 11 ``` ## **`APPENDIX OF WP(C) 24045/2019`** ``` PETITIONER EXHIBITS EXHIBIT P1TRUE COPY OF THE REPORT DATED 8.8.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE MANAGEMENT OF THE 1ST PETITIONER COLLEGE. EXHIBIT P2TRUE COPY OF THE COMMUNICATION DATED 19.8.2019 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P3TRUE COPY OF THE E-MAIL COMMUNICATION DATED 20.08.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4TRUE COPY OF THE NOTICE DATED 26.8.2019 ISSUED BY THE 2ND PETITIONER TO THE RESPONDENT 6 TO 8. EXHIBIT P4THE ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5TRUE COPY OF THE MAHATMA GANDHI UNIVERSITY STUDENTS' CODE OF CONDUCT RULES. RESPONDENT EXHIBITS EXHIBIT R6 ATHE TRUE COPY OF THE CONSTITUTION OF STUDENTS FEDERATION OF INIDA ``` ## **`TRUE COPY`** ## **`P.A.TO JUDGE`**