Safiya Malik

The High Court of Kerala Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V M, in an order dated February 4, directed the syndicates of all universities in the State before it to put in place a comprehensive regulatory mechanism to manage student political activity on campus and ensure discipline. The direction was issued while considering a batch of writ petitions, including a public interest plea, arising from concerns over campus safety following an incident at Maharaja’s College, Ernakulam, in which a student died. The Bench asked universities to use the Mahatma Gandhi University’s 2005 student code of conduct as a template and submit their frameworks to the Court by the next listing, with copies shared with the State’s law officer.

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The Bench recorded the context of prior directions and the responsibility placed on universities and colleges by stating: “There are earlier directions directing the Universities to formulate a long-term regulatory measure/mechanism to address ‘political conflicts’ among the students in the Universities and as that it is the responsibility of the Universities and the Colleges under the Universities to ensure that no untoward incident takes place in the Colleges as the discipline in the Universities is much needed and desired.”

It noted an existing regulatory framework framed by one university in these terms: “The Mahatma Gandhi University has already framed Mahatma Gandhi University Students’ Code of Conduct Rules, 2005 with a view to maintaining and enforcing good conduct inside the class rooms and campus in the affiliated colleges, Department of teaching and Research and self financing schools of the Mahatma Gandhi Universities.”

While recording the role expected of the State’s law officer on the proposed framework, the Bench stated: “We request the learned Additional Advocate General to consider the same and make submissions on the said Rules and suggest if any changes are required keeping in mind that the educational institutions should be kept free from political influence.”

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The Bench directed: “We direct the Syndicate of all the Universities who are parties in the public interest litigations to formulate a mechanism to regulate the political activities of the students in the campus and to ensure that discipline is maintained in the campus.”

“All the Universities who are parties before us may consider the aforesaid Rules of 2005 as model Rules and shall frame appropriate Rules to be placed before this Court on or before the adjourned date. The Universities must ensure that a congenial atmosphere exists in the campus and shall make all endeavour to ensure that academics is not compromised or suffer for reason whatsoever.”

“Post the cases on 04.03.2026.”

Advocates Representing the Parties

For the Petitioners: Sri. Sajeev Kumar K.Gopal, Advocate

For the Respondents: Sri. Asok M Cherian, Additional Advocate General; Sri. T.S. Shyam Prasanth, Government Pleader; Standing Counsel (for R5 and R6); Sri. Thomas Abraham, Standing Counsel

Case Title: AJOY L.S. v. THE STATE OF KERALA and Others.
Case Number: WP(C) NO. 22905 OF 2018(S); W.P(C)Nos.22905 of 2018 & 3171 & 11649 of 2024.
Bench: Chief Justice Soumen Sen; Justice Syam Kumar V.M.