IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 32756 of 2008(Y) -------------------------- PETITIONER(S): --------------- 1. RENJITH R.G., S/O.REGHUNATHAN, LEKSHMI BHAVAN, BHAJANAMADOM ROAD, PEYAD, THIRUVANANTHAPURAM. 2. JAYESH J., S/O.JAYAKUMAR, VASUDEVAVILASOM, KADACKAL, KOLLAM. 3. MATHEW JACOB, S/O.P.M.JACOB, PUNNAMOOTTIL HOUSE, ESM COLANI, KULATHOOPPUZHA, KOLLAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, COLLEGE OF NURSING, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 3. JALU GEORGE, S/O.GEORGE, ATTUPURAM VEEDU, CHERUVATHOOR P.O KOTHAMANGALAM. 4. RETHU KRISHNAN, S/O.RADHAKRISHNAN, KUNNUVILA VEEDU, NELLIPPALLI, KUTTIPPURAM P.O., KADAKKAL. ADDL.R5 5. THE PRINCIPAL, MEDICAL COLLEGE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM (Impleaded as per order dated 3.12.2008 in I.A.15367/2008) BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32756/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioners are the 2nd year B.Sc Nursing students in the College of Nursing, Thiruvananthapuram. They are accused in crime No.525/2008, alleging offence essentially under the Kerala Prohibition of Ragging Act, 1998. The allegation is that they have restrained, abused and attacked respondents 3 and 4. Ext.P1 is the FIR lodged in this regard. Based on the registration of crime and lodging of the complaint, and also pursuant to an enquiry conducted in that regard as per Ext.P4, Principal of the Nursing College suspended the petitioners. A perusal of Ext.P4 would show that the Principal of the Nursing College has acted as per the instructions given in that regard by the Principal of the Medical College. Petitioners then sought for revocation of suspension by filing Ext.P5 representation before the Principal of the Nursing College. But later they moved a representation before the Principal of the Medical College, Thiruvananthapuram, who, in the circumstances, is competent to take a decision in that regard. W.P.(C).32756/2008 2 2. Having heard learned counsel for the petitioners and learned Government Pleader, I am of the view that in the circumstances of the case, Principal of the Government Medical College, Thiruvananthapuram, the additional fifth respondent, ought to consider Ext.P9 and take appropriate decision. If it is found that it may not be really necessary to continue with the suspension, then, appropriate decision may be taken by the Principal in that regard. 3. In the result, writ petition is disposed of directing the additional fifth respondent to consider Ext.P9, hear a representative of the petitioners and take a decision thereon, within one month from the date of receipt of a copy of this judgment. There upon, the decision taken by the additional fifth respondent shall be communicated to the Principal of the Nursing College, who shall take appropriate action in terms of the said decision. V.GIRI, Judge mrcs