IN THE HON'BLE

'

..

HIGH COURT OF KERALA AT ERNP.KULAM

W.P. (C) No.

of 2012

Petitioners Respondents.

Susheel Shankar and ors. State of Kerala & ors.

51.No. 1

Date 19-0.6-20.12 19-0.6-20.12 19-0.6-20.12 28-0.5-20.0.9

Particulars Synopsis WRIT PETITION Affidavit Exhibit PI True photo copy of Government No.979/2o.12/H. Edn Order GO (Rt) 1 5 6

Pages

2 3 4.

4

5.

14-0.6-20.12

Exhibit P4_ Notice-Letter

'7 sent to the parents by the Principal. 8

6.

0.7-0.6-10.12

Exhibit P3 Representation of the ladies against the Government Order. Exhibit P4 A true copy of the relevant page No. 154 of Annual Calendar of Government Law College, Trivandrurr.

14

7.

15

Sreelal Warriar Counsel for the Petitioners

t ....

Subject: Miscellaneous Presented:

19-6-2012

IN THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

W.P. (C) No. /~.)_

1J

of 2012

-.

Petitioners Respondents.

Susheel Shankar and ors. State of Kerala & ors ..

WRIT PETiTION filed under Article 226 of the Constitution

-:

of Indiq

SREELAL WARRIAF< (5-589) B. RAGHUNANDA~
Counsel f~~the
<~..:::-:-:i7.

R-1121)

ploners

-.

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IN THE HON'I3LE HIGH COURT OF KERALA AT ERNAKULAM

W.P. (C) No.

of 2012

Petitioners Respondents.

Susheel Shankar and ors. State of Kerala & ors..

The petitioners are male students of the Governmer.t law College Hostel, Thiruvananthapuram who along with other inmates from faraway places, are being coerced and forced to vacate the hostel on the decision of the Respondents to convert the men's hostel into a I;;dies hostel in the midst of their course without any adequate fit and assured alternative. The hostel was a facility notified in the calendar and other information source at the time of admission of the students. The students are discriminated and denied of an assured facility which has lead many of them choose the college . The alternative suggested is incapable of occupation for more than one reasons stated in the Writ petition. Even if converted: the same would be not usable for a ladies hostel for the reasons stated in the Exhibit P3 representation seen submitted by the girlstudents themselves. The petitioners seek for a direction to continue the arrangement completion of the course atleast to avoid any injustice. dt.ring their

Dated this the

rs" day of June 2012

\~
Counsel for the petitioners

~

IN THE'HON'BLE HIGH COUET OF KERALAAT ERNAKULAM W.P. (C) No. of 2012

(Extra ordinary original writ jurisdiction) Under Article 226 of the Constitution of India Petitioners 1. Susheel Shankar, aged 23 years, 5/0. N.Sivasankaran Nair, 203, Law College Centenary Men's Hostel, Th.ruvananthapuram, permanent resident of D 54, Onyx Palace, Nayapura, Kolar Road, Bhopal-462042, M.P. 2. Praveen 5, aged 23 years, 5/0. Sasidharan Pill al, 114, Law College Centenary Men's Hostel, Thiruvananthapuram, permanent resident of Kamala Bhavan, Chathinamkulam, Chandanathoppe PO., Kollam-691014. 3. Nikhil Sadlk, aged 21 years, son of Sadik K.M .. with permanent address at Lallas, Kadavatusery, Paraveedu-PO., Alappuzha-688009. & Defendant1&3:Higher Education

Respondents/Plaintiff 1.

State of Kerala represented by the Additional Secretary to the Government, Department, Thiruvananthapuram. 2 .The Director of Collegiate Education, Thiruvananthapurarn. 3. The Principal, Government Law 'Coliege, Thiruvananthapurarn .

The address for service of notice to the petitioners are that of their counsel Mr. Sreelal Warriar, B. Raghunandanan & Joji Thomas, Warriar & Co, Warriam Road, Ccchin-682016 and those of the respondents are as shown above. Writ Petition filed under Article 226 of the constitution 1. The petitioners Government herein are the students of Government of India The

.

Law College, Thiruvananthapurarn.

Law College.

Thtruvananthapurarn

had :::>ffered hostel to the students

and has

accordingly been published in the annual calendar also as one of the advantages of the college.

2.

Many

students

from districts outside Thiruvananthapuram

and outside the state have joined

the college because of the well maintained for the

hostel facility including the cyber law library facillt-,

students-use.
like several others were allotted hostel facility attached to th.

3.

The 1st and 2nJ Petitioners

college Campus. Most of the students have joined the college because of the expected HostE facility. 4. To the Petitioners' surprise, they and other similar hostel residents were directed to be acting on instructions by the 3r from the J

Respondent Principal to leave the hostel, understood Respondent. 5. On enquiry, it is reliably understood basis of'a Government

that the 3rd Respondent Principal has been acting on tl Dated Thiruvananthapuram-28-

Order GO (Rt) No.979/2012/H.Edn

2012 with copies issued to Respondents 2 and 3. A true photo copy of the said Government Order is produced herewith Government and r~'larked for reference as EXHIBIT Pl. Though, the copies of the

Orders and references made therein have been sough-t for from the Respondents, for copies of the same have been

the same have nct bee;') received and hence an application made under the provisions of the Right to Information 6. Exhibit Pi, Government

Act and the same are awaited.

Order shows that there had been a proposal to so convert the said to h-ave been kept in abeyance for

Bov's Hostel into a Girls' Hostel. The same is understood valid reasons. Th02said reasons include the non-suitability hostel. The same did not have an independent

-',

of the premises, as it is, for girl's

compound. The !ocality and residency adjacent

to the same also made insecure for the girls. 7. It is submitted enrolled that the boy's existing facility is not protected atleast for the students already

Tor the courses. Though there is an alternative

seen suggested in the Government fo.: residence. There has also said to be provided. even

Order and the comrnunlcatron, the same are not fit and worthy been several complaints of criminal acts in the alternative The alternative hostel facility

accommodation

bulldlngs are in a dilapidated

and insecure state without

basic hygienic faciiltles. The same is also not seen maintained broken windows, damaged furniture, without electricity,

or repaired for several years with tollets and bath area. Evidently,

hundreds of rooms have been left unoccupied for these reasons. 8. Students like the petitioners sudden directed who have joined the college depending hostel to try their chance on the hostel are all of a above said alternative actions of

to vacate their

at the

University Men's Hostel. When protested compelled eviction without to the parents

by the students against the said arbitrary

adequate arrangements, warning and threatening about their

letters were sent

residing away from Thiruvananthapuram

not vacating the hostel

premises. A true photo copy of such herewith their and marked for reference

c

similar notice addressed to one such parent is produced about an

as EXH!BIT Pl. The parents are also left worrying

wards and are used to coerce the students to leave the hostel to streets without

alternative,

especially when students are not preferred bv the landlords, when the Men's hostel and repaired and without basic needs, so also

premises are not kept hygienic and maintained without 9.

any specific assured allotment to the students of the displaced law students. that the inmates are now being threatened of disconnection of water and

It is submitted electricity

connection in the ongoing hoste! rooms to force them out of the hostel. that the lady students have also made a representation against the decision / any

10.

It is understood

proposal of the government

to co overt the Existing Mens' hostel to Ladies' hostel without

security when the fund sanctioned by the

UGC

for the purpose of constructing

a Ladies Hostel

for the College remain unimplemented.

A true photocopy

of the representation

of the ladies

against the G.O is produced herewith and marked-as Exhibit P3. 11. A true photocopy of the Annual Caler.dar assuring the Hostel facility for men in the campus is

produced herewith and marked as Exhibit P4. 12. Aggrieved by the above arbitrary and compe!led eviction of the law college men students like the Petitioners without providing specifical!y allotted similar alternative on the grounds of

converting the existing law College men's hostel to a Ladies' hostel, and thus depriving them of tne specifically assured hostel facility at the time of joining, the Petitioners approach this

Hon'ble Court seeking appropriate

reliefs on the following among other GROUNDS

oA.

The Government

Law College, Thiruvananthapuram,

has been offering hostel facility exclusively

for the men students in the campus for the last several years. Most of the Petitioners who have joined law after their X+2 and their parents had opted Government Law College,

Thiruvananthapuram their

for the reason that they would be entitled external influence to concentrate

to campus based hostel for on their studies. The other

sons to be free from

Government

law colleges do not have such an advantage. The attempt any assured and slmilar hostel facility is arbitrary

of sudden eviction of and against its own

such inmates without

promises made in its own calendar for the year. B. The basis for the Exhlblt P1, Government Order and those referred to therein are arbitrary and unconstitutional and issued with ulterior motives. There is absolutely no valid reason for such a Order is violative of Article 14

decision .n the given circumstances and Exhibit Pi Government of the Constitution C. of India.

Exhibit Pi, Government Order and those referred to therein are taken without is a iact that the UGC has sanctioned / allotted funds for the construction Hostel. The same has not Government to utilize been implemented till now. The inaction of facility

any bonafides. It of a new Ladies of the

on 'the part

the same for development

and the initiative

to deny an

ongoing facility is evidently arbitrary and with other ulterior motives. D. The men like the Petitioners corning from places awa'y from Thiruvananthapuram are being a

denied of an existing and ongoing hostel facility ill the midst of the academic year without proper similar hygienic alternative E. The alternative substantial hygiene hostel fac:lity.

accornmodatlon proposed to be provided is the University Men's Hostel of which <,
basic facilities and amenities, lack of and

area is unoccupied- for want of maintenance, and other insecurity

and securltv,

reasons and existence

of criminal

elements

activities reported.

F.

The Petitioners opportunity Petitioners to

and other

such students

are being coerced to especially when

leave without

reasonable by the

secure alternative

arrangements

even on eviction

and the male students,

the same facility

will not be adequate

and capable of

occupation by the fernale students without substantial renovation. G. There is no other altarnative midst of the current directing the 15t efficacious rl'!liefs in the subject matter of forced eviction in the of appropriate writ direction or order of the

academic year except by issuance

respondent

to afford adequate protection

to the life and property
5t

petitioners Reliefs:

and their employees and to ensure the same by the 1 respondent

The petitioners

therefore

most respectfully

pray that this Hon'ble Court may be pleased to

issue appropriate writ, direction or order 1. 2. in the nature of certiorari, quashing Exhibit PI Government Order as arbitrary and illegal. in the nature of prohibition campus of the Government and other similar directing the respondents not to close down the Men's hostel at the Law College, Thlruvananthapur from the am and not to evict the Petitioners Law College Centenary Hostel,

students-inmates

Thiruvananthapuram 3. issuing such other necessary; and 4.

and not to discontinue any amenity or facility therein. appropriate directions which this Hon'ble Court may deem just anc

as may be found just and appropriate in the facts and circumstances of the case.

Interim relief The petitioners therefore direction most respectfully prey that this Honble Court may be pleased t,

issue appropriate

directing the Respondents neither to close down the Law Colleg nor to evict the Petitioners or discontinue th petition,

Centenary (Men's) Hostel, Thiruvananthapurarn

facilities and arnenities in the hostel, pending disposal of the"above'Nrit Dated this the 19th day of June, 2012

Co

~-

el for the petitioners

IN THE HON'BlE HIGH COURT OF KERAlA AT ERNAKUlAM

W.P. (C) No.

of 2012

Petitioners Respondents.

Susheel Shankar and ors. State of Kerala & ors .. Affidavit

I, Susheel Shankar, aged 23 years, S/o. N.Sivasankaran Nair, 203, law College Centenary Men's Hostel, Thlruvananthapurarn. permanent resident of D 54, Onyx Palace, Nayapura,

Kolar Road, t3hopal-46?042 do here by solemnly affirm and state as follows:1. I am the 1st petitioner in the above writ petition. I am conversant with the facts is sworn on

stated of case and competent behalf of the 2 2.
nd

to swear this affidavit.

This affidavit

petitioner in the

also. writ petition
are true and correct. The documents

The f'dcts stated exhibited thereto

are true copies of their respective originals. is filed praying for various Exhibit P1 Government reliefs including a writ in the nature of Order among others. No other writ

3.

The writ petiticn certiorari petition

quashing

was filed in this Hon'ble court seeking the very same relief. All facts stated above are true and correct Dated this the 19th ciay

;'i June, 2012

Solemnly affirmed

and singed by personally known before me on this the 19

th

day of June

2012 at my office at Ernakulam

\',

GOVER~ME~rOFKERALA
AQ.§1CSl.Qi
Higher !;::ducationConversion
1)(

Me,.n's

Hostel

of

Govemment

Law

College,

"Tturuvananthaourarn

as. Women's; f::!;01i:te.1 S;;mcti.c:ned:- O.rders fssued .. H!GHER' ~D'U.C'A.naNi (C) DEPARTM'ENiT
...

-

.

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G.O ..(Rt.) No. S79lic:1:2;1H' .•Ed;t:i \ Q':I-t.w •. T<h!ru:va:na:nthap\:l.ram,

To The Director of Collegiate Educatlon, Thiruanan.thapuram: The Pftncipal, Government .I""'''''·Cotiege, ThtruvananthapUi a IT.. The Prin-cipal Accountant General: (P·/Jdit);.Thjruvanantrtepurarn. The Acccutant Genera.l (f~&E) Thiruvananthapurarn. Stock File I.Office Copy Forward'ri f By C'~r
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