2009 Supreme(SC) 220
AIR2009SC2223, 2009 3 AWC(Supp)2287SC, 2010(3)BomCR862, JT2009(2)SC388, 2009-3-LW422, (2010)1MLJ812(SC), RLW2009(1)SC705, 2009(2)SCALE372, (2009)16SCC712, [2009]4SCR99, 2009(2)UJ767(SC)
IN THE SUPREME COURT OF INDIA
Arijit Pasayat and Mukundakam Sharma , JJ.
The University of Kerala Appellant
Vs.
The Council of Principals of College in Kerala and Ors. Respondent
Civil Appeal No. 887 of 2009 (Arising out of SLP (C) 24295 of 2004)
Decided On: 11.02.2009
R. Satish, Adv
E.M.S. Anam, K.R. Sasiprabhu, M.K. Michael, M.K.D. Namboodiri, S.M. Jadhav, T.V. George, Shail Kumar Dwivedi, V.G. Pragasam, K.H. Nobin Singh, R.S. Jena, Ajit Kumar Sinha, P.V. Dinesh, R.C. Kohli, S. Chandra Shekhar, Gopal Singh, A.A. Choudhary, Maninder Singh, Anil K. Jha, H.K. Puri, L.R. Singh and Himanshu Shekhar, Advs.
Headnote:Constitution of India, Article 136 - Ragging in colleges and universities – Had far reaching effects on freshers - Schemes framed/detailed directions issued by court - Committee of expert constituted - Supreme Court's ordered to suggest remedial measures to tackle with the problem of ragging in educational institutions - Report submitted by the Committee - Made several recommendations – To be implemented without lapse of time - Directed to monitor the functioning of the anti-ragging committees - Also to monitor the implementation of the recommendations.
JUDGMENT
Arijit Pasayat, J.
1. Leave granted.
2. Ragging in educational institutions has been a matter of concern for this Court since long. Noticing that notwithstanding a judgment of this Court in Vishwa Jagriti Mission through President v. Central Government through Cabinet Secretary and Ors.: [2001]3SCR540 few remedial practical measures have been taken to prevent the menace of ragging in educational institutions, by order dated 27.11.2006, a Committee was constituted under the chairmanship of Mr. R.K. Raghvan, Ex-Director, C.B.I. The Committee has submitted its report and suggested certain measures. Subsequently orders dated 16.5.2007 and 10.12.2007 were passed. Further Status report has been submitted by Shri Gopal Subramanium, learned Amicus Curiae. Pursuant to the directions given by this Court, the second and third reports of the Committee have been filed which read as follows:
SECOND REPORT: The Committee under the chairmanship of Dr RK Raghavan met at New Delhi on the 2nd April 2008 to take stock of the situation and review the progress made by different authorities, agencies and other stake holders who had been directed by the Hon'ble Supreme Court to implement the recommendations of this Committee's Report on ragging and also of the Lyngdoh Committee on elections to student unions.
2. On the 10th December, 2007 the Supreme Court had heard the matter and had passed certain orders. Accordingly, on 4-1-2008, the Ministry conveyed to all the regulatory institutions like UGC, AICTE, MCI, DCI, PCI, INC and ICAR, the observations of the Court and its directions that in the prospectus of the higher educational institutions it should be mentioned that if any incident of ragging comes to the notice of the authority concerned, the accused student will be given opportunity to explain and if his explanation is not satisfactory the authority would expel him from the institution. The regulatory institutions were also requested to intimate from time to time the progress being made and were also informed that the reports being received from individual higher educational institutions be consolidated and analysed and only the findings intimated to the Ministry for placing before the Committee. For arousing public consciousness against ragging, audio video jingles/spots have been prepared by the Ministry with the assistance of DAVP for release in the media. The CBSE has issued a letter to all institutions affiliated to it for implementing an effective programme of counseling for students involving both parents and teachers, abolishing corporal punishment, creating awareness about human rights and indicating the students behaviour pattern in the school leaving and character certificates. The Committee reviewed the progress reported by the UGC, MCI and DCI. The absence of any report from NCI was noted. Thereafter the Committee also heard from the representative of UGC, AICTE, MCI and DCI the measures taken and progress achieved by them.
3. The MCI informed that of the total 270 medical colleges in the country, 202 had reported the various measures taken. These have constituted anti-ragging committees. They have published names and telephone numbers of officials to be contacted by freshers in case of ragging. They have also conducted counselling sessions and orientation courses for senior and fresh students. Punishments have been given to students found guilty of ragging, and the number of institutions reporting compliance has increased due to the efforts of the Council. The Dental Council of India also detailed the steps being taken to prevent ragging. Its representative said that all the 127 dental colleges in India had constituted anti-ragging committees and squads to check ragging. These institutions have reported compliance with publication of telephone numbers and names of officials to be contacted in case of ragging, besides conducting counselling and orientation courses for seniors and juniors. The AICTE's Member Secretary informed th