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Advts: Classifieds | Employment | Obituary | Kerala
By Our Staff Reporter
KOCHI, FEB. 20. A Division Bench of the Kerala High Court today directed the State Government and universities to lay down rules and regulations for curbing dharnas, strikes, gheraos and demonstrations by various students' organisations on college campuses. The Bench comprising Justice K. S. Radhakrishan and Justice K. Padmanabhan Nair ordered that the rules and regulations should be laid down before the commencement of the next academic year. The court gave the direction while dismissing a batch of petitions filed by various students organisations, including the KSU and the SFI, seeking to review its earlier verdict upholding the right of the principal and managements of educational institutions to ban political activities on college campuses. The court observed that collective bargaining, strike, go-slow, dharnas, agitation and absenteeism were alien to academic domain. Unfortunately, these tendencies were on the rise and unless these activities were curbed, it would engulf the entire system. The court said the relationship between teachers and students was "solemn and sacred'' and it was not that of a master and servant or employer and employee. The court said strikes and other similar activities were "weapons used by labour force for establishing their demands under the labour laws and they are not academic tools to be used against the teaching faculty or against the management to vindicate the rights of the students." Such a mode of bargaining was "foreign to the relationship" between teachers and students and students and managements. Besides, the university statutes did not contemplate such mode of redressal of grievances. The judges also held that the students were bound by the code of conduct laid down by the educational institutions in which they were studying. The court said the students' organisations had no legal right to interfere with the fundamental right guaranteed to managements under Article 19(1)(g) (to practise any profession and carry on any business). The court said principals had been entrusted with the task of maintaining discipline. The university laws had also given principals such powers to enforce discipline. The educational institutions could lay down a code of conduct and guidelines to be enforced by the principals. It was the legal obligation of the State Government and universities to enforce discipline. The court also noted the State Government stand that political activities, demonstrations and campaigning should not be allowed on college campuses.
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