IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 13027 of 2008(A) -------------------------- PETITIONER: --------------- 1. FAZALUL ABID P., AGED 19 YEARS, S/O.AHAMMED, PENGADEN HOUSE, PAZAYANGADI, KONDOTTY P.O., MALAPPURAM DISTRICT. 2. FAZIL P., S/O.SALEEM P., AGED 19 YEARS, POTTAYIL HOUSE, CHEMMANKADAVU, PALAKKAD, KODUR P.O., MALAPPURAM DT. 3. SHINE M.GEORGE, AGED 19 YEARS, S/O.GEORGE VARGHESE, MOOLAYIL HOUSE, PATHIRIPADAM P.O., MANAKKAD. 4. UNAIS P.L., AGED 18 YEARS, S/O.HASHIM P., AKVASGAR, ULIYIL (VIA), MATTANNUR P.O., KANNUR DISTRICT. 5. NIKHIL SURESH, AGED 19 YEARS, S/O.C.SURESH, "SUDARSHANAM", PUTHIYAPARAMBU, MALAPPURAM DT. 6. MOHAMMED SHAMNADALI P., AGED 19 YEARS, S/O.ABDUL AZEEZ P., SANSAR HOUSE, EDACHERI NORTH P.O., VATAKARA VIA., CALICUT DISTRICT. 7. SAJJAD.C., AGED 19 YEARS, S/O.MUHAMMED C., CHERODATH HOUSE, ERAMANGALAM P.O., MALAPPURAM DISTRICT. 8. AMITHA MON RENAS P.K., AGED 21 YEARS, S/O.M.AMEER, PARVATHI GOVINDA NIVAS, OPP.FRENCH SCHOOL, MAHE P.O. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR SRI.M.MUHAMMED SHAFI WP(C).No. 13027 of 2008 RESPONDENTS: ------------------ 1. UNIVERSITY OF CALICUT REP. BY THE VICE CHANCELLOR, CALICUT UNIVERSITY P.O., THENJIPALAM, MALAPPURAM DISTRICT. 2. THE PRINCIPAL, M E A COLLEGE OF ENGINEERING, VENGOOR P.O., PATTIKKADU, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAMADAS FOR R2 SRI. P.C. SASIDHARAN -SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13027 of 2008 EXT.P1: COPY OF SUSPENSION ORDER DT. 23.11.2007. EXT.P2: COPY OF THE MEMO DTD. 4.12.07. EXT.P3: COPY OF THE REPRESENTATION DT. 4.12.2007. EXT.P4: COPY OF JUDGMENT DTD 7.1.08 IN W.P.(C)NO.37873/07. EXT.P5: COPY OF ORDER DTD 31.3.2008 IN I.A.NO.3402/08 IN W.P.(C)NO.27873/07. EXT.P6: COPY OF COMMUNICATION ISSUED TO THE 1ST PETITIONER. SECOND RESPONDENT'S EXHIBITS EXT.R2(A): COPY OF THE DETAIL REPORT OF THE ENQUIRY COMMITTEE DATED 10.03.2008. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.13027 OF 2008 ---------------------------------------- Dated this the 4th day of June, 2008 JUDGMENT The petitioners are senior students of the 2nd respondent's College. They have been suspended from the College on allegations of ragging, involving physical assault of junior students. A Criminal case has already been registered against them. Their grievance in this writ petition is that they are not being reinstated in spite of the enquiry authority finding in favour of them. The petitioners, therefore, seek the following reliefs: “i) To issue a Writ of Mandamus to the 2 nd respondent to revoke the suspension of the petitioners forthwith. ii) To issue a Writ of Mandamus to the 2 nd respondent to furnish the copy of the final enquiry report with findings to the petitioners. iii) To issue a Writ of Mandamus directing the 2 nd respondent to consider and pass orders on Ext.P3.” 2. A counter affidavit has been filed, in which it has been categorically stated that the petitioners have been found guilty in the enquiry conducted. They have also produced the enquiry W.P.(c)No.13027/08 2 report finding the petitioners guilty of the misconducts alleged against them. But I find that in Ext.P6, it is stated that the College has not proposed any action against the petitioners on the basis of the enquiry report since a criminal case as per the Kerala Prohibition of Ragging Act, 1998 is pending against them. I am of opinion that for finalising disciplinary proceedings against the petitioners, it is not necessary to await out comes of the criminal case. Therefore, I dispose of this writ petition with a direction to the 2nd respondent to pass final orders on the basis of Ext.R2(a) enquiry report, within a period of one month. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.13027/08 3