Kerala High Court partly stays circular easing restrictions on DJ events, concerts at college campuses

The Kerala High Court has partly stayed a circular that is argued to have eased a ban on the conduct of DJ music performances and similar events by external agencies at college campuses [The Council of Principals of Colleges in Kerala & anr v State of Kerala & anr]..The Court stayed a clause [Clause 3(12)] which allowed such events to proceed upon approval being granted by the head of the institution. An association of college principals argued that by issuing such a circular, the liability to ensure the safe conduct of such events was unfairly pinned on college principals.By a July 12 order, Justice Ziyad Rahman AA stayed clause 3 (12) of the government's circular in so far as it made it may appear to be mandatory for college principals to grant approval for such events if they complied with certain conditions. The Court clarified that this interim stay order would not prevent a college principal's discretion to allow such events. "There shall be an interim order staying Clause 3(12) of Ext.P8, so far as it mandates the head of the institution to grant sanction for programmes by external agencies/professional groups/paid programmes such as musical events inside or outside the campus in compliance with the conditions stipulated in that Clause. However, this interim order shall not preclude the head of the institution to grant the permission upon exercising the discretion vested upon him, subject to the conditions contemplated in Clause 3(12) of Ext.P8.," the Court said.The Court has also sought the response of the Kerala government in the matter. .The order was passed on a petition filed by the Council of Principals of Colleges in Kerala, which has argued that the Kerala government should ideally strengthen a ban on music concerts or like events by external agencies at college campuses. In particular, the association had challenged Clause 3(12) of a government order dated April 9, 2024, issued by the Higher Education Department of Kerala. Clause 3(12) of the circular prescribed certain conditions for the conduct of musical concerts inside or outside college campuses by external agencies or professional groups.The circular aimed to streamline campus safety during such events and prevent disasters like the tragic CUSAT stampede, which had resulted in multiple fatalities among students..The association argued that the earlier government circulars contained stricter restrictions on the conduct of such events at colleges, and essentially banned such events if they were conducted by external agencies. However, the new circular placed the burden of ensuring safety, proper infrastructure and disaster management plans on the principals and colleges, the petition pointed out. The association also recounted that the CUSAT stampede had led to the death of four students and left over 60 students gravely injured. In the wake of such an incident, the restrictions on holding such concerts should have been made stricter, the association argued. Instead, these restrictions have been liberalised and college authorities have been exposed to significant risks, the petition said.The latest circular would also enable students to independently organize and fund such events, potentially attracting large and uncontrollable crowds, the petition added. .Advocates Issac Kuruvilla Illickal and Baby Issac Illickal represented the petitioners (the Council of Principals of Colleges in Kerala and its President, Dr. Gireesh Kumar GS). .[Read Order]