IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 1292 of 2009(D) ------------------------------------- PETITIONER: ------------------- DR,JOSE KOSHY GEORGE, AGED 48 YEARS, MANAGING DIRECTOR, JOSCO MULTI SPECIALTY HOSPITAL AND COLLEGE OF NURSING, EDAPPONE,PANDALAM, MAVELIKKARA. BY ADV. MR.E.S.M.KABEER. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC DELL, ALAPPUZHA. 3. DEPUTY SUPERINTENDENT OF POLICE (ADMINISTRATION), ALAPPUZHA. 4. DR.G.SAMUEL ALIAS GEORGE SAMUEL, VALIYAPARAMBIL, MANGAMKUZHI MURI, VETTIYAR VILLAGE, MAVELIKKARA. R1 TO R4 BY GOVERNMENT PLEADER MR. BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- W.P.(C) No.1292 of 2009 D ---------------------------------------- Dated this the 19th day of February, 2009 Judgment Koshy, Ag.C.J. Petitioner is conducting a Nursing College. One student, Leona Solomon, got admission under the reservation quota. She was a candidate belonging to Cheramar Christian community. Ext.P3 shows that the student voluntarily left the place. Fourth respondent had absolutely no relation to that student who filed a complaint. He approached this court and this court directed to make a complaint. According to fourth respondent, the college was doing compulsory religious practice to the students in that college and that is the reason why Leona Solomon left the college. After conducting investigation, the matter was closed. Again, at the instance of the fourth respondent, third respondent re-started the investigation. If a criminal complaint is referred and refer report is filed, further investigation can be conducted only with the permission of the court. That was not done. There is no case that any other student has complained after 2006. W.P.(C) No.1292/2009 2 2. The college also filed a counter affidavit stating that none of the students are compelled to attend any religious class. The school is a recognized minority institution as can be seen from Ext.P1. We also note that since the complaint filed before the Human Rights Commission as HR. M.P. No.3304 of 2006 was closed, police shall not make any harassment on the petitioner. We are not satisfied with the affidavit filed. It is also stated that no students are compelled to offer prayers and to observe religious practice of the petitioner. We record this undertaking also. It is pertinent to note that the student has not filed any complaint or criminal case. We direct the police to see that the petitioner shall not be harassed and petitioner should not be called to the police station to produce the records. However, we are not ordering any further action on the second respondent, but, he should not give room for any such complaints in future. The writ petition is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa