[Veterinary Student Death] Kerala HC Quashes Orders Expelling, Debarring Students Accused Of Ragging, Directs University To Do Fresh Enquiry

Sidharthan was a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad who allegedly committed suicide on February 18, 2024. It was alleged that this was because of ragging and brutal assault by some of his classmates and seniors. Crime was registered against eighteen persons under Sections 341, 323, 324, 342, and 306 read with Section 34 of the IPC and Sections 3 and 4 of Kerala Prohibition of Ragging Act, 1998.

Justice Ziyad Rahman A.A. while pronouncing the verdict ordered the Kerala Veterinary And Animal Sciences University to conduct a fresh enquiry after giving the students memo of charges outlining the specific allegations against them, in accordance with the principles of natural justice. The Court has also permitted the students to continue their studies in the college, subject to the final outcome of the fresh enquiry to be conducted. It said,

“Disposed of quashing the impugned orders, all the three reports to the extent it apply to the petitioners. The University is directed to conduct a fresh enquiry after furnishing memo of charges to the petitioners, specifying individual allegations against each of them and furnishing them the gist of statement of witnesses requiring the petitioners to submit written explanation for the same. However, statement of witnesses need not be recorded afresh and the gist of such statement regarding the involvement of petitioners shall be furnished to the petitioners without revealing the identity of the witnesses….petitioners shall be re-admitted to the college by permitting them to continue studies on the campus subject to final outcome of the enquiry… If the petitioners are found guilty, the period of punishment that they have already undergone will have to be adjusted against the penalty to be imposed. Enquiry shall be completed within four months.”

The Petitioners had stated the impugned orders were issued by the college based on an enquiry conducted by the anti-ragging squad in the college. It was stated that the enquiry was conducted unfairly, without following the UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009.  

It was alleged that the students were not given statements of allegations and they were not provided with an opportunity to defend themselves. Furthermore, it was alleged that the enquiry was conducted by taking statements of witnesses in their absence and such copies of statements were also not served to them.

The petitioners also argued that they were not provided with the inquiry report of the anti-ragging squad, nor were they given an opportunity to present their case or show cause as to why action should not be taken against them.

It is to be noted that the High Court had earlier granted bail to nineteen students, who were accused of abetting Sidharthan's suicide.

Case Title: Ameen Akbarali. U V Kerala Veterinary And Animal Sciences University

Case Number: WP(C) 22835/ 2024 & Connected Cases

Citation: 2024 LiveLaw (Ker) 780

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