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Before

THE HON’BLE HIGH COURT OF JEEVASTHAN


In the Matter of
Writ petition(____/2015)

SUNITHA AND AJITH - - - - - - - - - PETITIONERS

ST.MARTIN COLLEGE - - - - - - - - - RESPONDENTS

MEMORANDUM ON BEHALF OF THE PETITIONERS

1
TABLE OF CONTENTS

LIST OF ABBREVIATIONS - - - - - - - - - - - - - - - - - - - - - - - - 1
INDEX OF AUTHORITIES - - - - - - - - - - - - - - - - - - - - - - - - 2
STATEMENT OF JURISDICTION - - - - - - - - - - - - - - - - - - - 3
STATEMENT OF FACTS - - - - - - - - - - - - - - - - - - - - - - - - - 4
QUESTIONS PRESENTED - - - - - - - - - - - - - - - - - - - - - - - - 5
SUMMARY OF PLEADINGS - - - - - - - - - - - - - - - - - - - - - - 6
PLEADINGS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7

1. Whether the writ petition is maintainable or not ?

2. Whether the Governing Body had the power to formulate


and publish the Code of Conduct for students or not?

PRAYER ---------------------------------------------------------------------- 30
MEMORANDUM FOR PETITIONERS
LIST OF ABBREVIATIONS

Abbreviations Definition

MEMORANDUM FOR PETITIONERS


INDEX OF AUTHORITIES

SL No CASE CITATION
1

MEMORANDUM FOR PETITIONERS


STATEMENT OF JURISDICTION
The High Court of Jeevasthan has jurisdiction
to hear this matter under Article 226 of the
Constitution of India. The Petitioners most
humbly and respectfully submit to the
jurisdiction of the Court

MEMORANDUM FOR PETITIONERS


STATEMENT OF FACTS
I
The University of Jeevasthan is in the state of Jeevasthan
which lies in the Union of India. St.Martin College is a
Catholic institution affiliated to the University. It has 45
Post-Graduate departments and 260 affiliated colleges
under it .As per section 40 of the Jeevasthan University
Act,1952:

“The management of every private college affiliated to the


University shall constitute a Governing Body for giving
advice on all matters relating to administration of the
college consisting of the following people:
1. Principal of the College
2. Two teachers nominated by the Principal
3. 5 members nominated by the management
4. One person nominated by the University”

The College got its recognition as a Minority Educational


Institution in 2013 under the National Commission for
MEMORANDUM FOR PETITIONERS
Minority Educational Institutions Act 2004. The Governing
Body of the College formulated and published a Code of
Conduct for Students of which paragraph 10 says that “no
male and female student shall sit on the same bench”.

II
Sunitha and Ajith are 3rd year B.Com students of the College.
On 06.08.2015,the Principal suspended Ajith and Sunitha
from the college stating that they had violated Paragraph 10
of the Code of Conduct. The action of the Principal caused to
generate serious protests from different sections , through
social media and electronic media .Large number of people
criticized the action of the Principal but a small section
supported the action. On 18.08.2015 , Principal appointed a
Commission to inquire into the allegations against Sunitha
and Ajitha.
III
Dr. Sreejith Raju, Head of the Department of Political Science
was appointed as single member Inquiry Commission. The
Commission conducted sittings on September 1st and 2nd and
opportunity was given to Sunitha and Ajith to adduce and
rebut evidence, including right to cross examination. The sole
eye witness of the incident was Sarmila Bai, a 75 year old

MEMORANDUM FOR PETITIONER


sweeper of the college. She deposed before the Inquiry
Commsion that on 04.08.2015,she saw Ajith and Sunitha sitting in
the same bench and Ajith’s hand was on the shoulder of Sunitha.
During cross examination, Ajith showed Sarmila Bai a 500 rupee
note which she identified as a 100 rupee note. The Commission
submitted its report on 18.09.2015 finding Sunitha and Ajith guilty
of the alleged misconduct. The finding was based on the oral
evidence given by Sarmila Bai . On 29.09.2015, Sunitha and Ajith
were dismissed from the College through the order issued by the
Principal. On 26.10 2015, Sunitha and Ajith filed a writ petition
before the High Court of Jeevasthan challenging the order of the
Principal.

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