MAPUSA
Even as St Xavier’s College sought a temporary injunction from a court against three of its students from disrupting of classes or damaging college property and not to allow outside students from trespassing into the college, a Mapusa civil court said it was a fit case to be settled and decided not to pass any orders on Wednesday.
The next hearing has been fixed for February 14.
Seeking an injunction under the Section 39 of the Specific Relief Act, the Diocesan Society of Education which runs the St Xavier’s College said that the three students of the college along with nine others who were not students of the college trespassed into the college on January 21 and created a ruckus in the campus.
Giving details how the events unfolded on the fateful day in the campus, the college described how the students armed with Akhil Bharatiya Vidyarthi Parishad (ABVP) flags conspired to trespass into the institute with a deliberate intention to intimidate, insult and annoy the students as well as the teaching and non-teaching staff in the college.
The college also provided a CD with CCTV footage and photos of the ruckus to the court.
Counsel for St Xavier’s College Adv Gilman Coelho Pereira said that these students collaborated and connived to disrupt the classes, instil fear and instigate the students of the college to come out from their classes.
“There is no trade unionism in colleges. It’s not an almighty union. You don’t have supernatural powers. You may have rights but you have no right to cause destruction,” Coelho Pereira said.
“My rights have been violated and therefore I am entitled for injunction of restraint to protect my property,” he added.
The counsel representing the ABVP students, Adv Praveen Phaldessai said that the plaintiff had resorted to lies and suppression of facts and were not entitled to any relief.
He said the college has failed to mention that from November 8, 2022 (when the student’s council was elected) till January 21, 2023 the students had sent five representations to the college authorities to induct the student’s council.
He said the college also did not find it fit to mention the meeting at the deputy collector’s office and the dates allotted to conduct the induction of the student’s council.
“Just because you don’t like his flag you do not want to induct him? To have a union is a constitutional right and to organise a peaceful agitation is a fundamental right,” Phaldessai said.
After hearing the matter for almost 45 minutes, JMFC Judge Reina Fernandes said it was a fit case for settlement and requested both the parties to settle the matter among themselves.
While Adv Gilman Coelho Pereira said that the college wanted to resolve the matter as per their terms, Adv Praveen Phaldessai said if the democratically elected student’s council is inducted, then they had no issues.
