'For Benefit Of Students & Parents': Plea In Kerala HC Seeks Banning Of Campus Politics In Wake Of Student Union Clashes In Maharajas College

The plea has been moved in the wake of the untoward student union clash between the students belonging to the Student Federation of India (SFI) and Kerala Students Union (KSU) in the Maharajas College, Ernakulam. Allegedly, a murder attempt had taken place inside the college against a student belonging to the SFI. The College was shut down and many students were suspended pending disciplinary proceedings.

The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen has issued notice to the respondents. The Government Pleader took notice for the State Government, Higher Education Department, Director of Collegiate Education and State Police Chief.

Notice has also been issued to the Student Federation of India (SFI), Kerala Students Union (KSU), Akhila Bharathiya Vidyarthi Parishad (ABVP) and Muslim Students Federation (MSF). Standing Counsels for respective universities to take notice for different universities across the state and the Principal of Maharajas College was also issued with notice.

The plea states that since colleges or state governments were unable to regulate campus politics, it has to be banned to prevent illegal activities and to maintain discipline within the college premises. The plea relies upon the Division Bench decision in Kerala Students Union v Sojan Francis (2004), wherein the Government had assured the Court that it would frame regulatory measures for preventing illegal political activities within college premises. Based on these assurances, the Division Bench considering Sojan Francis case had issued directions to fame rules and regulations in that regard.

Relying upon other cases, the petitioner submitted that student units have no right to set up their units to carry out political activities inside college premises. The plea avers that political activities cannot be permitted inside an educational institution as they affect the discipline. It was averred that despite many directions from the Court, no effective measures were taken by Universities to curb political activities inside the college premises.

The plea has also referred to the Division Bench decision in N Prakash v Principal, Government Law College, Ernakulam (2013), where the Court had observed that the government should initiate steps to prevent the function of student unions in colleges if they were unable to control the illegal activities committed by student unions.

Furthermore, the plea states campus politics would be detrimental to the future of students and against the interest of the parents.

“This Public Interest Litigation is filed for the benefit of those unorganized parents who wish to see their children coming out in flying colors in their college studies and also for the benefit of those students who do not want to waste their precious time by indulging in campus politics. If student politics is allowed to stand as it now exists, it will be detrimental to the interests of large number of students and their parents…..It is high time that student politics is vanished from the campus of colleges. This Public Interest Litigation is aimed with that end”, the plea stated.

The plea has thus sought for prohibition of all sorts of political activities within college premises including setting up of student unions.

The petitioner represented himself as party-in-person.

Case title: N Prakash v State of Kerala

Case number: WP(C) 3171/ 2024