Kerala HC Temporarily Stays Govt Order Mandating Principals To Permit Paid DJ Events, Concerts By External Agencies On Or Outside College Campuses

The Higher Education Department issued a government notification dated April 09, 2024, for the smooth functioning of campuses, hostels and affiliated colleges in the state following the students death at CUSAT stampede. Clause 3(12) permits programmes by external agencies/professional groups/paid programmes like musical events inside or outside campuses strictly adhering to some conditions.

Justice Ziyad Rahman A.A. stated that the interim order would not prevent the heads of the institutions from granting permission to follow the conditions stipulated in the government notification.

“There shall be an interim order staying Clause 3(12) of Ext.P8, so far as it mandates the head of the institution to grant sanction for programmes by external agencies/professional groups/paid programmes such as musical events inside or outside the campus in compliance with the conditions stipulated in that Clause. However, this interim order shall not preclude the head of the institution to grant the permission upon exercising the discretion vested upon him, subject to the conditions contemplated in Clause 3(12) of Ext.P8.”

The Court passed the above order in a writ petition filed by a registered association of Principals of aided colleges in Kerala. They were aggrieved by clause 3 (12) of the government order since it permits the conducting of programs by external agencies, professional groups and paid programs like music concerts, DJ programs with the permission of the head of the institution. As per the clause, the head of the institution shall be intimated with complete information about the program at least five working days before the event.

The petitioners challenge the clause stating that this would permit students to organize, schedule and fund programs on their own. It is also stated that organizing music events by external agencies or paid groups is undesirable due to large, unmanageable crowds affecting college safety and discipline. It is stated that college authorities do not have the expertise to conduct and manage large events organized by external agencies or professional groups.

The petitioners cited that the music concert held during CUSAT TECHFEST caused the tragic deaths of 4 persons and injuries to 64 others. The plea states that musical concerts or DJ performances by external agencies, paid groups other than curricular, co-curricular or extra-curricular are not required for the students. It is also stated that instead of banning such programs, the government has liberalized conducting such non-curricular activities and pinning its responsibility on the Principal and teachers.

The plea has been moved by Advocates Issac Kuruvilla Illickal and Baby Issac Illickal. 

Case Title: The Council of Principals of Colleges in Kerala v State of Kerala

Case Number: WPC No. 25087/2024

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