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W.P(C).No.19716/2019-L
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Referring to the Information Technology Policy of the Government for the year
2017, it is stated that the State Government is adopting mobile first approach for egovernance services in line to Digital Kerala Vision by leveraging high mobile
penetration and coverage in the State.
It is therefore argued that the restrictions
have invaded her fundamental right to privacy guaranteed under Article 21 of the
Constitution of India. Being an adult she claims that nobody has any authority to
interfere with her freedom to use the mobile phones. It is argued that the forceful
seizure of mobile devices have invaded the right of privacy of the hostel inmates.
It is also her contention that the modification of rules on the basis of parental
concern is also an infringement on her personal autonomy as well as that of other
inmates of the hostel.
5.
The 4th respondent has filed a counter affidavit. It is stated that the
hostel is run by Sree Narayana Trust and it is under the control of the board of
management. It is stated that the study time for the inmates is prescribed from 6
p.m to 8 p.m and from 9 p.m to 10 p.m, as per Ext.R4(a) rules of the hostel. As
per Rule 14 of the Rules, usage of mobile phone is strictly prohibited in the
college and hostel. It is stated that the petitioner was admitted in the hostel based
on Ext.R4(b) application dated 04.10.2018 in which she along with her father had
signed agreeing to abide by the rules of the hostel and to obey the directions of the
hostel authorities. It is stated that there is a hostel for women and sports hostel for
men under the control of the hostel committee, consisting of the Principal,
members from the teaching faculty and Deputy Wardens of both the hostels. It is
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