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W.P(C).No.19716/2019-L
8.
13
The question to be considered is whether the restrictions imposed by
the hostel authorities on use of mobile phones while enforcing discipline has
infringed the fundamental rights of the petitioner, even assuming that such
modification was brought about at the request from the parents.
9.
A student is admitted in a hostel based on her application in which she
herself as well as her parent would have furnished a declaration agreeing to abide
by the rules and regulations already issued and the instructions which would be
issued from time to time by the authorities. From the impugned restriction against
using mobile phones during 6 pm to 10 pm from 20.06.2019 would show that the
total prohibition of mobile phones prescribed in the rules was never acted upon.
However in the light of the contention of the respondent college that it is upto the
students to stay in the hostel strictly abiding the rules and instructions or else they
are free to leave the hostel, it is necessary to examine whether a student has got a
right to stay in a hostel and whether the college has got any obligation to permit a
student to stay in the hostel. Chapter 7 of the Calicut University First Ordinances,
1978 provides for residence of students. Clause 3 thereof provides that every
college shall provide residential quarters to such percentage of students as the
syndicate may decide from time to time. Clause 4 provides that every student not
residing with his/her parents or guardian shall be required to reside in any of the
hostels maintained by the University or by the institutions affiliated to the
University or in hostels or lodgings recognized by the University. It also provides
that syndicate shall maintain a register of recognized hostels and lodgings. Clause
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