The main legal point established in the judgment is the empowerment of the institutional head to suspend a student prima facie guilty of practicing ragging under section 6 of the Maharashtra Prohibition of Ragging Act, 1999, without mandating a written complaint to the educational institution.

JUDGMENT - V.G. PALSHIKAR, J.:---By this petition, the petitioners have challenged the order dated 26-5-2000, passed by the respondent No. 3 Principal of Government Polythechnic College, Gadchiroli, in exercise of his powers under section 6 of the Maharashtra Prohibition of Ragging Act, 1999 (hereinafter for the sake of brevity, referred to as 'the Act').

2. The facts, giving rise to the instant petition, stated in briefly, are that: the petitioners, who are senior students of the Government Polytechnic College, Gadchiroli, in violation of the provisions of the Act, violated personal sanctity of one Mr. Ravikumar s/o Baliram Dakhane, respondent No. 4 herein, a 19 years old student of the Polytechnic College, by subjecting him to ragging, which resulted in physical and mental injury to the said student, who and his parents complained of about it to the police and the police, after investigation into the matter, have filed charge-sheet in the Court for prosecuting the present petitioners under the provisions of section 323 of Indian Penal Code and other related offences. After having noticed the charge-sheet filed against the petitioners, the respondent No. 3 Principal of the College, issued an order of suspension dated 26-5-2000 under section 6 of the Act, thereby suspending the petitioners. The petitioners have, therefore, challenged the order of suspension in this Court by way of this writ petition under Article 226 of the Constitution of India.

3. The petitioners seek exercise of this Court's extra ordinary writ jurisdiction under Article 226 in their favour, who, prima facie appear to have found guilty for having committed criminal offences punishable under the provisions of I.P.C. and involving the moral turpitude. However, talking into consideration the fact that all the petitioners are also the students, notice, why the petition should not be admitted, was issued to the respondents, and in response to the notice, it has been pointed out, both, by the respondent No. 3 institution as well as by the aggrieved student that there does exist prima facie case against the petitioners, as will be evident from filing of the charge-sheet by the police after having carried out investigation into the matter. It was, therefore, submitted, more particularly, by the respondent-State and the respondent-3/college that it is the case of ragging and incidence of ragging having been increased, the Government of Maharashtra was required to legislate the Act to effectively control and bring to an end the fashion of subjecting the newly recruited/admitted students to ragging.

4. The evil of ragging cannot be exagerated the purpose of ragging can never be approved, though we may differ in the origin of ragging, particularly, in educational institutions, imparting education in professional degrees, diplomas or other professional avocations. Usually these courses are of three years and more than that. The courses are very exacting and exciting and requiring serious application of mind and exercise of body. It was, therefore, thought that the student, in the particular course, should live a happy and cohesive life together and, therefore, as a matter of getting themselves introduced to the new entrants, the custom of introducing the old student to new entrants was started and certain obscene questions or obscene actions were required to be undertaken by the fresh entrants to give colour to the entire activity. So this particular unoccupancy and prima facie laudable purpose of getting introduced themselves to or getting familiar with the senior students, since started, then its nature, colour and effect and what is now popularly known as “ragging” was born. In the early days, this ragging was not since fashion, but in the recent past, serious, physical violation were committed by the students indulging in ragging, obscene activities were regularly indulged into, causing serious physical and mental injuries to the new entrants. The ragging was so ramp

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