Hashim v Vs Kerala Veterinary & Animal Sciences University — Kerala HC (2025) — LawSathi Research

Hashim v Vs Kerala Veterinary & Animal Sciences University — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petitions disposed of in the light of the University's submission that the petitioners stand included in the fresh enquiry with an opportunity to raise their contentions; the 2nd respondent directed to conduct the enquiry in the light of the common judgment in W.P.(C) No.29685/2024 and to consider the petitioners' cases dehors the expulsion order passed against them.

Issue for consideration

Whether the petitioners — three of the 19 students penalised with expulsion by the order of the College of Veterinary and Animal Sciences University, Pookode, whose cases were not covered by the common judgment dated 05.12.2024 in W.P.C No.22835/2024 (which set aside the order qua 16 other students and directed a fresh enquiry) — are entitled to participate in the fresh enquiry now in progress.

Court's answer

On the learned Standing Counsel for the University submitting that, in the enquiry now being conducted afresh, the petitioners are also being included and will be granted an opportunity to raise their contentions against the proceedings, the Court held that the writ petitions could be disposed of in the light of that submission.

Ratio / Principle

It is ordered that the 2nd respondent, while conducting the enquiry in the light of the common judgment in W.P.(C) No.29685/2024, shall consider the case of the petitioners dehors the order passed against them, which was the subject matter of the aforesaid common judgment.

Detailed headnote1 paragraphs

Writ Petitions (Civil) Nos. 31467 and 42784 of 2024 — Kerala Veterinary and Animal Sciences University — student disciplinary action arising from alleged ragging — expulsion order dated 02.03.2024 (Order No. CVAS/PKD/ACAD(1)944/2024) of the College of Veterinary and Animal Sciences University, Pookode, dealing with 19 students — by common judgment dated 05.12.2024 in W.P.C No.22835/2024 and connected cases this Court had set aside the said order qua 16 other students with a direction to conduct the enquiry afresh — petitioners herein (3 remaining students) claimed parity and participation in the fresh enquiry — learned Standing Counsel for the University submitted that the petitioners are being included in the fresh enquiry with an opportunity to raise their contentions — Held: disposing of the writ petitions, the 2nd respondent shall, while conducting the enquiry in the light of the common judgment in W.P.(C) No.29685/2024, consider the case of the petitioners dehors the order passed against them. — Ziyad Rahman A.A., J. (11.03.2025).

Procedural history

How this case reached the court

AI extract

Order under challenge
Order No. CVAS/PKD/ACAD(1)944/2024 dated 02.03.2024 of the College of Veterinary and Animal Sciences University, Pookode (issued by the 3rd respondent/Dean per Exhibit P3), by which the petitioners were subjected to disciplinary proceedings and imposed the penalty of expulsion from the college; the judgment records that altogether 19 students were dealt with in the said order with similar penalties (para 49).¶65
College of Veterinary and Animal Sciences University, Pookode (2nd respondent; order issued by the 3rd respondent/Dean) · 02.03.2024
Prior proceeding
Disciplinary proceedings dated 29.02.2024 issued by the 3rd respondent/Dean preceding the expulsion order (Exhibit P4 in WP(C) No. 31467/2024).¶66
Prior proceeding
By a common judgment dated 05.12.2024 in W.P.C No.22835/2024 and connected cases, this Court dealt with the orders impugned in these writ petitions and, in respect of 16 other students, set aside the expulsion order with a direction to conduct the enquiry afresh.¶49
Prior proceeding
A fresh enquiry is in progress pursuant to the said common judgment; the petitioners asserted their entitlement to participate in it.¶49
Prior proceeding
FIR in Crime No.77/2024 dated 18.02.2024 of Vythiri Police Station, Wayanad District, arising out of the alleged ragging incident (Exhibit P1 in WP(C) No. 31467/2024).¶64
Prior proceeding
Appeal filed by the 1st petitioner in WP(C) No. 31467/2024 dated 29/08/2024 (Exhibit P6).¶68
Prior proceeding
Appeal filed by the 2nd petitioner in WP(C) No. 31467/2024 dated 24/07/2024 (Exhibit P7).¶69
Prior proceeding
Interim order dated 25.06.2024 in WP(C) No. 21765 of 2024 exhibited as Exhibit P8 (cause title printed as 'WP©' in the exhibit index).¶70
Prior proceeding
Appeal submitted by the petitioner in WP(C) No. 42784/2024 to the 5th respondent; date recorded as 'NIL' in the exhibit index (Exhibit P3).¶78
Prior proceeding
Interim order dated 25.03.2024 in W.P(C) No. 12520/2024 exhibited as Exhibit P4 in WP(C) No. 42784/2024.¶79
Prior proceeding
Interim order dated 28.05.2024 in WP(C) No. 18717/2024 exhibited as Exhibit P5 in WP(C) No. 42784/2024.¶80