Vipin R. v. The Principal, Government Law College

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 38444 of 2015 (E) ---------------------------- PETITIONER(S):

-------------------------- VIPIN R., AGED 28 YEARS S/O.RAMAKRISHNAN, V.N.HOUSE, PUTHUSSERY MATHIRA.P.O, KADAKKAL, KOLLAM BY ADVS.SRI.M.I.MUHAMMED MUSTHAFA SRI.T.MAHESH RESPONDENT(S):

---------------------------- 1.THE PRINCIPAL, GOVERNMENT LAW COLLEGE BARTON HILL, THIRUVANANTHAPURAM-695 037

2. UNIVERSITY OF KERALA REP BY THE REGISTRAR KERALA UNIVERSITY CAMPUS, PALAYAM, TRIVANDRUM-695 034. R1 BY ADV.K.A.SANJEETHA, SENIOR GOVERNMENT PLEADER R2 BY SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 38444 of 2015 (E) APPENDIX PETITIONERS EXHIBITS P1-TRUE COPY OF COLLEGE ID CARD OF THE PETITIONER P2-TRUE COPY OF THE ENQUIRY COMMITTEE REPORT DATED 18.9.2015 P3-TRUE COPY OF THE ORDER NUMBERED C/816/2015/GLC INTIMATING THE DISCIPLINARY ACTIONS RESPONDENTS EXHIBITS NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 38444 OF 2015 --------------------------------------- Dated this the 17th day of December, 2015

JUDGMENT

The enquiry committee report and the consequential disciplinary action initiated by the first respondent College are impugned. The petitioner has an effective remedy by way of a complaint to the Board For Adjudication Of Students Grievances, wherein, all the questions could be agitated. I am fortified in this view by the decision reported in 2015 (4) KLT 380(Anand vs. University of Kerala). The writ petition under Article 226 of the Constitution of India at this juncture is therefore not maintainable.

The writ petition is dismissed without prejudice to the remedy to the petitioner as indicated above.

V.CHITAMBARESH, JUDGE sks