Female Students Of Mar Athanasius College At Kothamangalam Approach Kerala High Court Against 'Discriminatory' Hostel Entry Timings

A plea has been moved in the Kerala High Court by 33 female engineering students of Mar Athanasius College, Kothamangalam, against the imposition of hostel entry deadline as 6:30 PM for the female students. 

Single Judge Bench of Justice Basant Balaji has listed the case on Friday along with other connected cases.

The petitioners aver that the prescription of hostel entry time as 6:30 PM for the female students is discriminatory and beyond the jurisdiction of the college. 

The students submit that as early as in 2019, the State Government had issued an Order stipulating the entry time in ladies hostels in all colleges under the Universities in Kerala as 6.30 PM. Pursuant to the same, the Government had also issued another Order specifying that the library, laboratories, workshops, research centres, and sports facilities ought to be made open till 9.30 PM, in order to enable its usage by all students without any restrictions.

The petitioners state that this GO stands violated by the College by fixing the hostel entry timing as 6.30 PM for female students and threatening to expel those who are late. The students add that the benefit of the GO was also denied to male students since the College had fixed the entry time for the boys' hostel as 9.00 PM. 

The petitioners aver that when they had submitted a representation before the State Government in this regard, the latter had issued an Order extending the hostel entry time for the students of Aided Engineering Colleges till 9.30 PM. 

The petitioners thus aver that the action of the College is unjust, arbitrary, and without jurisdiction. 

They add that the College is bound to obtain recognition from the All India Counsel for Technical Education (AICTE) and affiliation from the APJ Abdul Kalam Technological University, and would thus be bound to maintain the hostel facility as per the mandatory infrastructure for obtaining recognition and affiliation, and that any direction issued by the State Government or the Directorate of Technical Educations as regards the maintenance and conduct of the hostel would also be binding upon the College.

The petitioners thus submit that the patent violation of the Government Orders by the College is violative of Article 14 of the Constitution and causes gender discrimination. 

"Under the pretext of implementing discipline in the College, the College cannot impose such restrictions preventing the liberty of the students to move in and outside the college campus," the plea states. 

The petitioners thus seek the issuance of a direction to the College for fixation of hostel entry timings as 9.30 PM.

The plea has been moved through Advocates V. Harish, Rajan Vishnuraj, A.L. Navaneeth Krishnan, and Aswathy Krishnan. 

Case Title: Rachel Mathew & Ors. v. State of Kerala & Ors. 

Case Number: WP(C) 25929 of 2023