IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 35581 of 2008(J) -------------------------- PETITIONER(S): --------------- 1. CHRISTOPHER MOHAN RAJ M., AGED 20 YEARS, S/O.MOHANDAS, CHRISTOPHER BHAVAN, PARAN MOOLA, MACHIYODU, CHENGAL (P.O), NEYYATTINKARA. 2. SHAFEEQUE K.P., AGED 20 YEARS, S/O.PAREED K.M., KAMBAKUDY HOUSE, KOTHAMANGALAM, NELLIKKUZHY P.O., ERNAKULAM. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF NURSING EDUCATION THIRUVANANTHAPURAM. 3. PRINCIPAL, T.D.MEDICAL COLLEGE AND NURSING COLLEGE, ALAPPUZHA. 4. PRINCIPAL, GOVERNMENT COLLEGE OF NURSING, ALAPPUZHA. 5. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R5 GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35581/2008 -------------------- Dated this the 5th day of December, 2008 JUDGMENT Petitioners are 2nd year B.Sc Nursing students prosecuting their studies in the Government College of Nursing, Alappuzha. A complaint was preferred against the petitioners, by certain 1st year B.Sc Nursing students alleging that they ragged the juniors and manhandled three junior students in the college. There upon, taking note of the allegations, Principal of the fourth respondent College, suspended them as per Ext.P1. A crime has also been registered against the petitioners for the offences punishable under Sections 341, 323 and 34 IPC read with Section 3 and 4 of the Kerala Prohibition of Ragging Act, 1998. Suspension effected under Ext.P1 has now been extended as per Ext.P3. Petitioners have approached this Court challenging Exts.P1 and P3 and also praying for a direction to the respondents to issue hall tickets to enable them to attend the forthcoming University Examination. 2. I heard learned counsel for the petitioners and W.P.(C).35581/2008 2 learned Standing Counsel for the University. 3. It is pointed out by the learned counsel for the University that petitioners are entitled to file an appeal against the order in the nature of Exts.P1 and P3 before the Board for Adjudication of Students' Grievance Cell. If an appeal is filed within two weeks from today, it shall be considered and a decision taken thereon, within one month thereafter. Submission is recorded. It is further made clear that the appellate authority is entitled to consider the question as to whether the petitioners should be kept under suspension irrespective of the fact that a crime has been registered and it is pending investigation. In other words, the competent authority can take a decision for revocation of suspension notwithstanding the fact that a crime has been registered against the petitioners. Subject to the above observations, writ petition is disposed of. V.GIRI, Judge mrcs