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CDJ 2026 Ker HC 145 print Preview print Next print
Court : High Court of Kerala
Case No : WA No. 3041 of 2025
Judges: THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE S. MURALEE KRISHNA
Parties : K.A. Antony & Another Versus Kerala Agricultural University, Rep. by Registrar, Thrissur & Others
Appearing Advocates : For the Petitioners: M.P. Ashok Kumar, Bindu Sreedhar, N. ASIF, Advocates. For the Respondents: Antony Mukkath, SC, V. Arun Kumar, Advocate.
Date of Judgment : 09-01-2026
Head Note :-
Constitution of India - Article 226 -

Comparative Citation:
2026 KER 1401,
Summary :-
1. Statutes / Acts / Rules / Orders Mentioned:
- Article 226 of the Constitution of India
- Section 5(i) of the Kerala High Court Act, 1958
- Statute 5(xiv) of the Kerala Agricultural University Statutes
- Articles 14 and 21 of the Constitution of India

2. Catch Words:
- Writ of Certiorari
- Natural justice
- Suspension
- Fresh enquiry
- Violation of Articles 14 & 21

3. Summary:
The appellants, fifth‑semester B.Tech students, challenged the suspension and hostel removal order (Exhibit P3) issued by Kerala Agricultural University, alleging procedural irregularities and violation of constitutional rights. A Single Judge set aside the order, directing a proper enquiry with a charge‑sheet and permitting the students to appear for examinations despite suspension. On appeal, the High Court examined the Single Judge’s directions and the availability of the order’s files. Both parties agreed that a fresh enquiry had been initiated and that the university’s competent authority would conclude it expeditiously. The Court found no merit to interfere with the Single Judge’s directions and therefore closed the writ appeal, leaving the enquiry to be completed in accordance with law.

4. Conclusion:
Appeal Dismissed
Judgment :-

Anil K. Narendran, J.

1. The appellants filed W.P.(C)No.44138 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs;

             “i. Issue a Writ of Certiorari or any other appropriate writ, order, or direction quashing Exhibit P3 order dated 10.11.2025 issued by the 3rd respondent, whereby the petitioners were suspended from all academic activities of the current semester, removed from the hostel for a period of one year, and imposed with a fine of Rs. 5000/-, or in any other manner held to be illegal, arbitrary, ultra vires, and in violation of the principles of natural justice.

             ii. Declare that Exhibit P3 is void ab initio and without jurisdiction, as no prior approval of the Vice-Chancellor was obtained, which is in violation of Statute 5(xiv) of the Kerala Agricultural University Statutes.

             iii. Direct the respondents to allow the petitioners to continue their academic activities for the current semester, including attending classes, participating in academic, co-curricular, and extra-curricular activities, and to appear for all examinations (Practical and Theory) scheduled for the 5th semester.

             iv. Declare that the petitioners were not guilty of any misconduct or breach of hostel rules, and that the punishment imposed upon them was disproportionate, discriminatory, and in violation of Articles 14 and 21, of the Constitution of India.”

2. The appellants-petitioners are 5th semester B.Tech (Agricultural Engineering) students of Kelappaji College of Agricultural Engineering & Food Technology, Tavanur, which is a college under the 1st respondent Kerala Agricultural University. Ext.P3 order dated 10.11.2025, which was under challenge in that writ petition, is one issued in connection with an incident that happened in the college campus on 25.10.2025. By the judgment dated 27.11.2025, the learned Single Judge disposed of that writ petition by setting aside Ext.P3 order dated 10.11.2025 and permitting the respondents to conduct a proper enquiry after issuing a charge sheet, in compliance with the principles of natural justice. Paragraphs 2 to 4 and the last paragraph of that judgment read thus;

             “2. After hearing the matter for considerable length, I find that no formal charge sheet was issued on the petitioners before imposing the penalty as per Ext.P3. Therefore, whatever be the merits of the case, Ext.P3 order cannot be sustained. The respondents will have to conduct a proper enquiry after issuing charge sheet.

             3. In the circumstances, the writ petition is disposed of setting aside Ext.P3 and permitting the respondents to conduct proper enquiry after issuing charge sheet and in compliance of the principles of nature justice.

             4. The suspension order imposed as per Ext.P2 shall continue to be in force till a fresh enquiry is ordered and concluded. The petitioners shall be permitted to appear for the examinations scheduled as per Ext.P6, in spite of the suspension, provided the petitioners satisfy all other parameters.

             The 2nd petitioner being a candidate belonging to OEC, if the 2nd petitioner submits a request for reinduction into the hostel, the 1st respondent shall consider the request and take a decision as per law.”

3. Challenging the judgment of the learned Single Judge dated 27.11.2025 in W.P.(C)No.44138 of 2025, to the extent of granting permission to the respondents to conduct a fresh enquiry against the appellants-petitioners and reviving Ext.P2 order of suspension, the appellants are before this Court in this writ appeal, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958.

4. On 15.12.2025, when this writ appeal came up for admission, the learned Standing Counsel for Kerala Agricultural University was directed to make available for the perusal of this Court the files relating to Ext.P3 order.

5. Today, when this matter is taken up for consideration, the learned Standing Counsel for Kerala Agricultural University has made available for the perusal of this Court the files relating to Ext.P3 order dated 10.11.2025.

6. The learned counsel for the appellants-petitioners and also the learned Standing Counsel for Kerala Agricultural University would submit that, in terms of the directions contained in the impugned judgment dated 27.11.2025 in W.P.(C)No.44138 of 2025, a fresh enquiry was ordered. The appellants were issued with a memo of charges along with statement of allegations. The appellants have already submitted their written statement of defence.

7. The learned Standing Counsel for Kerala Agricultural University would submit that the competent authority in the University shall finalise the fresh enquiry ordered against the appellants, as expeditiously as possible, considering the urgency pointed out by the learned counsel for the appellants regarding the ensuing semester examination.

8. Having considered the pleadings and materials on record and also the submissions made at the Bar, we find absolutely no grounds to interfered with the direction contained in the impugned judgment dated 27.11.2025 of the learned Single Judge in W.P.(C)No.44138 of 2025 to the extent of granting permission to conduct a fresh enquiry against the appellants and reviving Ext.P2 order of suspension, in this intra-court appeal filed under Section 5(i) of the Kerala High Court Act.

9. The learned counsel for the appellants would submit that in case this Court is not inclined to interfere with the impugned judgement of the learned Single Judge to the extent indicated as above, this writ appeal may be closed after recording the stand taken by the Kerala Agricultural University that the competent authority shall finalise the fresh enquiry initiated against the appellants in terms of the directions contained in the impugned judgment dated 27.11.2025 in W.P.(C)No.44138 of 2025, expeditiously.

In such circumstances, this writ appeal is closed after recording the aforesaid submissions made at the Bar. It is for the competent authority in the 1st respondent Kerala Agricultural University to finalise the fresh enquiry initiated against the appellants strictly in accordance with law.

 
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