Educational institutions must prioritize reformative measures over punitive actions, ensuring adherence to guidelines and principles of natural justice.

JUDGMENT :

1. Heard Mr. Parag Rao with Mr. Ajay Menon for the petitioners in both these petitions. Mr. P. Faldessai and Ms P. Tani appear for the respondents in both these petitions.

2. Rule. The rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties. Even otherwise, this was a matter which would brook no delay and, therefore, the parties were requested to complete the pleadings so that these petitions could be finally disposed of. Substantially common issues of law and fact arise in these petitions; therefore, they are being disposed of by a common judgment and order.

3. The petitioners are the students of Birla Institute of Technology and Science, Pilani, K.K. Birla Goa Campus at Zuarinagar, Sancoale, Goa (Institute). They challenge orders dated 01.12.2023 cancelling their registration for Semester I (2023-24) and imposition of fines of Rs. 50,000/- each, amongst certain other punishments imposed upon them. These penalties were imposed on the petitioners for their alleged involvement in the theft of potato chips, chocolates, sanitisers, pens, notepads, mobile phone stands, two desk lamps and three bluetooth speakers from the stalls on the college campus.

4. Initially, by orders dated 18.11.2023, the petitioners and three other students were debarred from registration during Semester I (2023-24) and two further semesters. Mr. Faldessai pointed out that the petitioners were debarred for the present semester plus three other semesters. However, in respect of three students, the appellate Authority, by orders dated 01.12.2023, dropped the penalty of cancellation of semesters but maintained the fine of Rs. 50,000/-. In respect of the petitioners, however, the appellate Authority, i.e., the Director, maintained the cancellation of Semester I and the fine of Rs. 50,000/-. Since the examinations for the first semester were scheduled on 06.12.2023, the petitioners instituted these petitions on 02.12.2023 and applied for urgent circulation.

5. Both these petitions were taken up on 05.12.2023, and an interim order was made permitting the petitioners to answer the Semester I examination scheduled on 06.12.2023. The answer papers were directed to be kept in a sealed cover. Further, the petitioners were directed to deposit an amount of Rs. 1,00,000/- each with the respondents, without prejudice to their rights and contentions. The parties were also directed to complete their pleadings.

6. Mr. Rao pointed out the difficulties that at least one of the petitioners would face in case these petitions were not disposed of before 16.01.2024. He pointed out that one of the petitioners would stand to lose an entire year if he was not allowed to complete the pre-requisite course concerning Discrete Structure for Computer Sciences. Accordingly, these petitions were heard on the 9th and 10th of January 2024.

7. During the course of the final hearing, at least on two occasions, we deferred the matter to enable the Director to reconsider the punishment of cancellation of the semester or the substitution of such penalty with a direction to the petitioners to undertake community service, which was one of the modes prescribed by the respondents themselves for dealing with Student Indiscipline and Misconduct Cases. The order made by us on 09.01.2024 is transcribed below for the convenience of reference:

"PC. :

1. In these matters, the Court is faced with a peculiar situation where the petitioners, who are young students pursuing their respective courses at Birla Institute of Technology and Science are said to have indulged in serious acts of indiscipline on one hand and on the other, having regard to the young age of the petitioners this Court needs to take certain measures giving the petitioners a chance to evolve as a better and disciplined students. The kind of indiscipline the petitioners are said to have been involved in, appears to be serious and unpardonable. However, having regard to their age, they