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1990 Supreme(Kar) 140
Karnataka High Court
K.Sathyashankara Shetty - Appellant
Versus
Manga lore University - Respondent
Decided On : 03-28-90
W.P. : 17470 of 1989
K.R.D.KARANTH, P.V.SHETTY, Ravivanna Kumar
The main legal point established in the judgment is the requirement for a fair trial and adherence to the principles of natural justice in disciplinary proceedings against students.
Headnote:
Expulsion - Student Misconduct - K. S. U. Act 1976 - The court discussed the allegations of misconduct and indiscipline against the petitioner, the inquiry process, and the expulsion order. Key legal provisions such as the principles of natural justice and fair trial were highlighted, influencing the court's decision to quash the expulsion order.
Fact of the Case:
The petitioner, a college student, was accused of misconduct and indiscipline, leading to a show-cause notice, suspension, and expulsion. The court found discrepancies in the complaints and unfairness in the inquiry process.
Finding of the Court:
The court found the inquiry process to be unfair and the expulsion order to be illegal and arbitrary, violating the principles of natural justice. The court allowed the writ petition and quashed the expulsion order.
Issues: The issues included the fairness of the inquiry process, the validity of the expulsion order, and the compliance with the principles of natural justice.
Ratio Decidendi: The court emphasized the importance of fair trial and procedural fairness, highlighting the violation of natural justice principles and the inadequacy of the inquiry process.
Final Decision: The court allowed the writ petition, quashed the expulsion order, and directed the college to permit the petitioner to pay the examination fees and take the examination.
( 1 ) THE petitioner is aggrieved by the expulsion order passed on 25 8. 1989 by the second respondent against him and has questioned the validity of the said order. The material facts are as follows :- the petitioner is a student of Final year B. Com, in Shri Dhavala College, mudibidri. It is claimed that the petitioner hails from a respected family and that his father is a well-known and respected headmaster of Zilla parishad Higher Primary School, Kalya in Karkala Taluk and that the student electorate of Shri Dhavala College, in recognition of the dynamic qualities of the petitioner as a student, elected him as Senate Representative from their college for the academic year 1988-89.
( 2 ) ON 12-7-1989, the Principal, Shri Dhavala College, Mudibidri served a show-cause notice on the petitioner to which the petitioner submitted the reply dated 17. 7. 1989. The show- cause notice is reproduced below:"sri DHAVALA COLLEGE (Sponsored by : Shree Moodbidri digamber Jain Vidyavardhaka Sangria (Regd) Moodbidri) president: SRI D. VEERENDRA HEGDE moodbidri - 574 227 (D. K. Dist.) ref. No. SDC/dis/act/1/89-90 date: 12-07-1989 - show CAUSE NOTICE the following misconducts and acts of indiscipline have been reported of against you. 1. You are aware that the candidate for the election of the office bearers to the Students' Council and associations shall pass all subjects of the previous classes, This has been the precedent of the institution since 4 years. You have collected the signatures of some students forcibly against their will and wish creating humiliation to them to a memorandum to change the election rules contrary to the rules of the election prevailing : in the institution. You have created organisation of movements sub-versive of discipline of the college and created indecent exposure in a provocative manner. 2. On 5-7-1989 at about 12-30 pm Sri Jagadeesha Shenava of mangaiore and others forcibly trespassed into the class room bearing No. 2 of III B Com. of Sri Dha- vala College, Moodbidrl and abused and threatened the Lecturer Sri m. Narayana Badikillaya at your instigation. Thus causing insult, mental agony, humiliation, fear and obstructed for the discharge of his duty. Thus you have indulged in criminal acts. The misconducts and indiscipline as alleged in para 1 and 2 are very serious in nature and major acts of indiscipline under K. S. U. Act 1976. You are hereby called upon to explain within 7 days on receipt of this letter as to why disciplinary action should not be taken against you. If no explanation is received within the stipulated period, it will be construed that you have no explanation to offer and accordingly apporopriate steps will be taken. Sd/- (K. Devaraja Heggade) principal, sri Dhavala College, moodbidri-574227 to; sri Sathyashankara Shetty K , s/o Bhaskara Shetty M. , raghu Tilak Nivas, post Sacheripete, Via Mundkur karkala Taluk. Copy forwarded to Sri Bhaskara shetty M, Head Master, Zilla Parishad higher Primary School, Kalya post. Karkala Taluk for information. Sd/- Principal, sri Dhavala College, moodbidrj-674 227"
( 3 ) THE reply given by the petitioner is also reproduced below :"from: 17. 7. 1989' sathyashankara Shetty K. , ill Year B. Com Student, sri Dhavala College, moodabidri O. K. To the Principal, sri Dhavala College, moodabidri-574227 D. M. Sir. Ref: Yourjnotice bearing reference number SDC/ dis. Act/1/89-90 i was shocked and surprised after reading the contents of your above referred show-cause notice. The allegations therein are false and baseless. I never involved in any activities for which I am liable for any disciplinary proceeding so far. Before answering the charges alleged against me, I would like to bring to your kind notice following facts. I am son of a respected school teacher. I had a good academic carrier also. I have been participating all the curricular as well es extra carricular ectivities of our college. I am an active member of National social Service Unit of
