Kerala HC upholds college order to rusticate female student for eloping with classmate

The court also said that since the couple were found living together and were apprehended by police, it did not feel compelled to intervene in favour of the girl.

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The Kerala High Court on Saturday dismissed a petition filed by student of Mar Thoma College of Science and Technology, Chadayamangalam, challenging her dismissal from for allegedly eloping with a boy from her class, reports Live Law.

The fourth semester Bachelors semester student was studying English Language and Literature and was reportedly living in a lodge with the boy when the couple was found by the police and sent back to their parents.

The petitioner said that she could only be accused of falling in love with a batchmate, which did not substantiate the termination of her admission in college, especially because she was in the fourth semester of the six-semester course. The petitioner also said that she had an excellent academic record.

Justice Vinod Chandran, who heard the case, maintained however that this was not merely the case of a college affair but of the college setting an example through disciplinary action.

"This is not a mere case of falling in love; but two students taking the drastic step of eloping and living together without even contracting a marriage. As consenting adults they could definitely act according to their volition. But, here they could not have even legally entered into a marriage," said Justice Chandran.

"When taking such drastic step for the sake of love, as adults, they should also be ready to face the consequences. The Management’s concern of setting an example to the other students and ensuring maintenance of discipline in the educational institution cannot be easily brushed aside," he added.

He also said that given that the couple had eloped and had to be apprehended by the police, the court was not compelled to "exercise discretion in favour of the petitioner to interfere with the orders passed by the Management."