The Hindu : HC pulls up students, officials for boycott, closure

Online edition of India's National Newspaper
Friday, Apr 11, 2003

Southern States

Southern States - Tamil Nadu-Chennai

HC pulls up students, officials for boycott, closure

By A. Subramani

CHENNAI, APRIL 10. The striking students of the Queen Mary's College here as well as Education Department officials responsible for closing the institution came in for sharp judicial criticism when writ petitions against the demolition move came up in the Madras High Court today.

Before ordering the immediate reopening of the college and extending the interim stay against the demolition until further orders, the Chief Justice, B. Subhashan Reddy, said unequivocally that the First Bench did not appreciate students boycotting classes and the authorities keeping classrooms locked on an excuse that the campus situation was volatile.

Pointing out that students were being taught under trees while classrooms remained locked, Mr. Justice Reddy asked, "what tamasha is going on here? While the students have no business to boycott classes, why should the executive close the institution on account of the strike? Are you at the mercy of students? If the State cannot manage the situation, then we are sorry"

Pointing out that maintaining campus peace and preventing untoward incidents were the duties of the Government, he said an administrator had to rule and ensure discipline among the student community. Even in Assembly unruly members were marshalled out, he said, and added that at times hard decisions were inevitable.

Mr. Justice Reddy also made it clear that there was no place for politicians in educational affairs, and said no politician should visit the campus.

Stringent conditions

The Bench, comprising the Chief Justice and Justice F.M. Ibrahim Kalifulla, then extended the single judge order delivered on April 6, forbearing officials from demolishing the QMC buildings, and said, "educational and hostel facilities as existing prior to April 4 have to be restored forthwith". (Only on April 4 did the Chief Minister announce in the Assembly that the QMC buildings were to be demolished and a new Secretariat complex constructed there).

Entry curbs

The Bench also directed that canteen, bathroom and toilet facilities be not only restored but also maintained hygienically. Introducing entry restrictions, it said no person other than students, teaching, non-teaching and sub-staff would be permitted to enter the college and hotel campuses. Parents and guardians already registered with the college would be permitted to meet their children after obtaining prior permission from the principal. "The students and teachers shall attend classes regularly, without any interruption".

`Petitions premature'

Earlier, the Advocate-General, N.R. Chandran, told the Bench that the petitions questioning the government decision to demolish the QMC buildings were premature, as there was no `effective legal order, issued in the name of the Governor, to be challenged'.

The college was only to be shifted and not earmarked for outright closure. The demolition of old buildings and construction of a new Secretariat would not begin `without the consent of the Madras University'. A Cabinet decision was not a valid order and the statement delivered inside the Assembly could not be assailed in a court of law, he said. Mr. Chandran also stated the `policy decision' of the Government was based on sound reasons and could not be described as arbitrary. The QMC buildings had neither heritage nor archaeological importance. The provisions of the Coastal Regulatory Zone had not been violated as the area fell within CRZ-II, where there was no bar on new construction.

Further arguments will continue tomorrow.

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