2025:KER:28013 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 47 OF 2025 PETITIONER: RINI JASMINE L., AGED 31 YEARS, W/O SHYJU C., FDGI SECOND YEAR STUDENT , GOVERNMENT INSTITUTE OF FASHION DESIGNING , BALARAMAPURAM CENTRE, THEMPAMUTTAM, THIRUVANANTHAPURAM RESIDING AT BIBLE HOUSE, CHULLIYOOR, MARAYAMUTTOM P.O, KATTAKADA, THIRUVANANTHAPURAM, PIN - 695124 BY ADV. SMT.KEERTHI SOLOMON RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASAM ROAD FORT, NALUMUKKU, PAZHAVANGADI, THIRUVANANTHAPURAM, PIN - 695023 3 THE SENIOR JOINT DIRECTOR(PS), DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASAM ROAD FORT, NALUMUKKU, PAZHAVANGADI, THIRUVANANTHAPURAM, PIN - 695023 2025:KER:28013 W.P.(C) No.47/2025 : 2 : 4 THE PRINCIPAL, GOVERNMENT WOMEN POLYTECHNIC COLLEGE, KAIMANAM, THIRUVANANTHAPURAM, PIN - 695018 5 HABEEB A BEEVI, AGED 45 YEARS, FATHER’S NAME IS NOT KNOWN TO THE PETITIONER SENIOR INSTRUCTOR, GOVERNMENT INSTITUTE OF FASHION DESIGNING , BALARAMAPURAM CENTRE, THEMPAMUTTAM, THIRUVANANTHAPURAM, PIN - 695501 6 SREEKALA K.K., AGED 45 YEARS, FATHER’S NAME IS NOT KNOWN TO THE PETITIONER ENQUIRY COMMITTEE CHAIRPERSON HOD COMPUTER WING, GOVERNMENT WOMEN POLYTECHNIC COLLEGE, KAIMANAM,THIRUVANANTHAPURAM, PIN - 695018 7 AMRUTHA V DEV, AGED 28 YEARS, FATHER’S NAME NOT KNOWN TO THE PETITIONER FDGI SECOND YEAR STUDENT, GOVERNMENT INSTITUTE OF FASHION DESIGNING , BALARAMAPURAM CENTRE, THEMPAMUTTAM, THIRUVANANTHAPURAM, PIN - 695501 BY ADV. SMT.ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28013 W.P.(C) No.47/2025 : 3 : JUDGMENT Dated this the 1st day of April, 2025 The petitioner is a Second Year Polytechnic Student at Government Institute of Fashion Designing, Balaramapuram Centre, Thiruvananthapuram. The petitioner states that the 5th respondent is the Senior Instructor of the second year FDGI batch students and due to her unprofessional attitude, behaviour and speech towards the students as being unsuitable for a faculty, some students including the petitioner were compelled to file Ext.P2 complaint before the 2nd respondent. 2. In the meantime, the 5th respondent influenced the 7th respondent, one of the students named Amrutha V Dev, who also was made to sign in Ext.P2 complaint by allowing her some concessions and privileges. 2025:KER:28013 W.P.(C) No.47/2025 : 4 : 3. Due to the compulsion on the part of 5th respondent, the 7th respondent submitted a false complaint against her classmates including the petitioner on 30.11.2024. Thereafter, based on the order of the 2nd respondent, an Enquiry Committee was constituted and the 6th respondent was appointed as the head of the Committee. 4. On 02.12.2024, the 6th respondent sent Ext.P3 notice to the second year class whatsApp group and required the petitioner to appear before the Enquiry Committee on 04.12.2024 which adversely affected the privacy and reputation of the petitioner. The 6th respondent has not served the copy of the complaint of the 7th respondent to the petitioner and sufficient time was not given to the petitioner to prepare a proper explanation. The Enquiry Committee violated the basic principles of natural rights. Before the Enquiry Committee, the students were examined like criminals and their grievances were not considered, contends the petitioner. Respondents 4 2025:KER:28013 W.P.(C) No.47/2025 : 5 : and 6 as the Principal & faculty of the College failed to consider the grievances of the petitioner and her classmates properly and gave undue weightage to the false complaint of the 7th respondent, due to the influence of the 5th respondent. 5. On 23.12.2024, the 4th respondent sent Ext.P5 letter to the petitioner, requiring the petitioner to submit an explanation with a request for apology since the decision of the academic Council allegedly proves that the petitioner and her classmates violated discipline inside the College campus. Now, the respondents are compelling the petitioner through Ext.P5 letter to submit apology which can be used against the petitioner in future to take further steps and disciplinary action. It violates the fundamental rights of the petitioner guaranteed under Article 21 of the Constitution of India, contends the petitioner. 6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the 2025:KER:28013 W.P.(C) No.47/2025 : 6 : respondents. 7. Government Pleader submits that the issue involved is a trivial issue and that if the petitioner gives an explanation and apology, all prosecutions will be closed. 8. The petitioner, on the other hand, would submit that giving an apology would put the petitioner in a difficult situation because in that case that the respondents will be able to punish the petitioner without any proper enquiry in the matter. 9. Considering the entire facts of the case, I am of the view that the writ petition can be disposed of directing the petitioner to give an explanation to the show cause notice. If the petitioner submits a reply to the show cause notice within a period of two weeks from today, the respondents shall consider the same and take appropriate decision in the matter in the better interest of the College and the student's community, 2025:KER:28013 W.P.(C) No.47/2025 : 7 : without insisting for any apology. The writ petition is disposed of as above. Sd/- N. NAGARESH JUDGE SR 2025:KER:28013 W.P.(C) No.47/2025 : 8 : APPENDIX OF WP(C) 47/2025 PETITIONER'S EXHIBITS: Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER FROM THE COLLEGE AUTHORITY Exhibit P2 A TRUE COPY OF THE COMPLAINT SENT BY THE SECOND YEAR STUDENTS INCLUDING THE PETITIONER TO THE 2ND RESPONDENT DATED 18.09.2024 Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DATED 02.12.2024 Exhibit P4 A TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 02.12.2024 Exhibit P5 A TRUE COPY OF THE LETTER NO.G1/1199/2024/WPC-KMN ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 23.12.2024.