IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 31372 of 2010(V) -------------------------- PETITIONER(S): --------------- 1. CHANDRASEKHAR.V., SARASWATHY BHAVAN, T.C.17/521 (5) CHADIYARA, POOJAPPURA, THIRUVANANTHAPURAM-12. 2. RINOY.S., `RISOBI', T.C.19/1649(1), TRA-114, THAMALAM, POOJAPPURA P.O., THIRUVANANTHAPURAM-12. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, ERNAKULAM, COCHIN-22, REPRESENTED BY ITS REGISTRAR. 2. SARABHAI INSTITUTE OF SCIENCE & TECHNOLOGY (SIST), P.B.NO.2, VELLANAD P.O., THIRUVANANTHAPURAM-695 543, REPRESENTED BY ITS DIRECTOR. 3. THE DIRECTOR, SARABHAI INSTITUTE OF SCIENCE & TECHNOLOGY (SIST), P.B.NO.2, VELLANAD P.O., THIRUVANANTHAPURAM-695 543. 4. THE PRINCIPAL, SARABHAI INSTITUTE OF SCIENCE & TECHNOLOGY (SIST), P.B.NO.2, VELLANAD P.O., THIRUVANANTHAPURAM-695 543. ADV. SRI.K.S.MOHAMMED HASHIM,SC,CUSAT,COCHIN FOR R1 SRI.PIRAPPANCODE V.S.SUDHIR FOR R2 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31372 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE ORDER DATED 7.10.10 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER EXT.P2- TRUE COPY OF THE ORDER DATED 7.10.10 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER EXT.R4(a)- TRUE COPY OF THE REPORT SUBMITTED BY THE CHAIRMAN, DISCIPLINARY COMMITTEE TO THE 4TH RESPONDENT EXT.R4(b)- TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 24.6.08 EXT.R4(c)- TRUE COPY OF THE UNDERTAKING DATED 25.7.08 GIVEN BY THE PARENTS OF THE PETITIONERS, TO THE 4TH RESPONDENT EXT.R4(d)- TRUE COPY OF THE UNDERTAKING DATED 11.7.08 GIVEN BY THE PARENTS OF THE PETITIONERS, TO THE 4TH RESPONDENT EXT.R4(e)- TRUE COPY OF THE REPORT OF THE ENQUIRY COMMITTEE CONSTITUTED BY THE COLLEGE COUNCIL EXT.R4(f)- TRUE COPY OF THE MINUTES OF THE PARENTS STUDENTS SPECIAL MEETING HELD ON 16.9.2010 EXT.R4(g)- TRUE COPY OF THE MINUTES OF THE COLLEGE COUNCIL MEETING HELD ON 15.9.2010. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).31372/2010 .............................................. Dated this the 2nd day of August, 2011 JUDGMENT Petitioners were students of a College of which the fourth respondent is the Principal. While they were in the 7th semester B.Tech Course, disciplinary proceedings were initiated against them which culminated in Exts.P1 and P2 orders expelling them from the College. It is challenging these orders, this writ petition is filed. 2. Although the petitioners have raised several contentions, having regard to the facts explained by the College in its counter affidavit, I do not find any illegality on the part of the College Authorities in having initiated disciplinary action resulting in Exts.P1 and P2. 3. Be that as it may, fact remains that the petitioners committed the aforesaid acts of indiscipline while they were in the 7th semester, when they had only one more semester to complete the Course. Consequent to Exts.P1 and P2, which were issued in October, 2010, they have already lost almost another year. Having regard this lapse of time and also the regret expressed by the petitioners, I feel that W.P.(C).31372/2010 2 some amount of compassion should be shown to them so that, their future and life itself will not be spoiled. In that view of the matter, I am inclined to think that the petitioners should be permitted to continue their studies in the 8th semester. 4. Therefore, I direct that the College will permit the petitioners to complete 7th and 8th semesters course. It is also directed that in the event petitioners commit any act, which in the opinion of the fourth respondent amounts to an act of indiscipline, it will be open to the fourth respondent to expel the petitioners from the College without any notice or hearing. 5. By an interim order dated 1.11.2010, petitioners were allowed to appear for the 7th semester regular examination and the 5th semester supplementary examinations. In view of the aforesaid order passed by this Court, it is directed that if the results have not been declared so far, the same will be declared. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs