Cannot Conclude That He Was In Possession Of Narcotic Drugs As Trial Not Completed: Kerala HC Sets Aside Show Cause Notice Issued To LLB Student In NDPS Case
The Kerala High Court has set aside the show cause notice issued to an LL.B. student who was accused in an NDPS (Narcotic Drugs and Psychotropic Substances) case.
The said student had filed a writ petition to quash a show cause notice issued to him and the order of suspension and to direct the Board of Adjudication of Students Grievances (BASG) to revoke his suspension and permit to undergo studies.
A Single Bench of Justice T.R. Ravi observed, “It would appear from Ext.P7 that it has already been concluded that the petitioner was in possession of narcotic drugs and he was involved in sale of the same. It is too early to come to such a conclusion as the trial is not completed and the petitioner is released on bail. In the above circumstances, the petitioner is entitled to be succeed.”
Advocate Varun C. Vijay represented the petitioner while Advocate P.M. Saneer represented the respondents.
Brief Facts -
The petitioner was a Five-Year LL.B. student under the respondent College who was issued with the suspension order during his last year of studies. The reason for suspending the petitioner was that he was accused in a crime and an FIR was registered against him under the NDPS Act. He preferred an appeal against his suspension before the Vice Chancellor and also approached the High Court by filing the writ petition. BASG issued a recommendation finding that keeping the petitioner who was a 9th semester student under suspension indefinitely till the criminal case is decided was not legally sustainable and that the Board was of the opinion that the authorities of the College should be directed to consider whether the petitioner can be permitted to rejoin and complete the course.
The recommendation of the BASG was placed before the Vice Chancellor and the same was approved, however, the College wrote to the petitioner stating the involvement of students in possession and sale of contraband cannot be treated lightly and leniency towards such act will affect the morale of other students studying in the college. It was stated that the Staff Council and the Management have recommended dismissal and the petitioner was hence, required to show cause as to why compulsory transfer certificate should not be issued.
The High Court in the above regard directed, “There will be a direction to the 3rd respondent to comply with the directions contained in Ext.P6, hear the petitioner and with due consideration of Exts.P4 and P5 judgments, pass necessary orders within three weeks from the date of receipt of a copy of this judgment.”
Accordingly, the High Court allowed the writ petition and set aside the show cause notice.
Cause Title- Jeevan Ramesh v. Mahatma Gandhi University & Ors. (Neutral Citation: 2023:KER:74825)
