IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR, J.
Podugu Deepika D/o Podugu Nandan Kumar – Petitioner
Versus
Union of India Rep. by the Secretary (Higher Education), New Delhi – Respondent
Writ Petition (C) No. 2263 of 2024
Decided On : 07-08-2024
DISCIPLINARY ACTION - STUDENT CONDUCT - Ordinance on Code of Conduct of Students - Clauses 3.1.2, 3.1.5, 3.1.10(f), 3.1.17, 3.1.19, 3.1.23, 3.1.24, 3.2(r) - The court examined the disciplinary actions taken against the petitioners under the Ordinance on Code of Conduct of Students, particularly focusing on the clauses related to student behavior, permission for overnight absence, and the requirement to log details when leaving campus. The court found that the IIT-G authorities had acted within their rights to impose disciplinary measures due to the petitioners' failure to adhere to these regulations, which were deemed necessary for maintaining discipline and safety within the student community. However, the court also noted violations of natural justice in the proceedings, particularly regarding the non-disclosure of the Fact Finding Committee's report to the petitioners, which influenced its decision to partially set aside certain disciplinary actions while upholding others.
Fact of the Case:
The petitioners, students of IIT-G, celebrated New Year's Eve at a restaurant after consuming alcohol. Following a medical emergency involving a friend, they sought help but were later suspended by the institute for violating conduct regulations, leading to a writ petition challenging the disciplinary actions taken against them.
Finding of the Court:
The court found that while the IIT-G authorities had the right to impose disciplinary actions based on the students' conduct, the failure to provide the Fact Finding Committee's report constituted a violation of natural justice. The court acknowledged the petitioners' violations but also recognized the procedural shortcomings in the disciplinary process.
Issues: Whether the disciplinary actions taken against the petitioners were justified and whether the principles of natural justice were upheld during the proceedings.
Ratio Decidendi: The court held that while the IIT-G authorities acted within their rights to impose disciplinary measures for violations of the Ordinance, the lack of transparency in the proceedings, particularly the non-disclosure of the Fact Finding Committee's report, violated the principles of natural justice, necessitating partial intervention by the court.
Final Decision: The court partially set aside the disciplinary actions related to mandatory counseling and social service, allowing the petitioners to register for subsequent semesters while upholding the suspension and expulsion for the period specified in the communication dated 26.04.2024.
JUDGMENT :
LANUSUNGKUM JAMIR, J.
1. The petitioners before this Court are students of B. Tech, 4th year, 8th Semester of Indian Institute of Technology, Guwahati (IIT-G, in short). The petitioners belong to Electronics and Communication Engineering discipline. On 31.12.2023, the petitioners reached the IIT-G hostel from their native place and as the petitioners have already got their job offer, they decided to celebrate the New Year’s Eve by pre-booking at Exoro, a rooftop restaurant situated at Bhangagarh, Guwahati. Accordingly, on the evening of 31.12.2023, they hired a Cab and all the three writ petitioners along with their friend late Pulluri Aishwarya reached the place of celebration at Bhangagarh. During the party, all the three writ petitioners along with late Pulluri Aishwarya consumed liquor and, in the meantime, the petitioner No. 2 became unstable. Therefore, at around 12.30 am, they decided to stay back in a hotel instead of going back to the hostel by taking into consideration their safety and security. Accordingly, the petitioners booked two rooms in a hotel at Paltanbazar and went to sleep. However, in the morning of 01.01.2024 at about 7.30 am, late Pulluri Aishwarya started developing breathing problems and, therefore, the petitioner No. 2 immediately informed the petitioner Nos.1 and 3. Thereafter, they arranged an ambulance to take her to Gauhati Medical College and Hospital (in short, the GMCH). The petitioner Nos.1 and 3 went with late Pulluri Aishwarya in the ambulance to the GMCH and the petitioner No. 2 was kept at the hotel by the hotel authorities. The parents of late Pulluri Aishwarya were also informed. In the meantime, the hotel authorities also informed the Paltanbazar Police Station and the police personnel came to the hotel and carried out necessary investigation. The IIT-G administration and the President of the Students Union were also informed about the entire incident. However, late Pulluri Aishwarya was declared dead by the GMCH doctors.
2. The petitioners received e-mails from the IIT-G authorities directing them to appear before the Student Disciplinary Committee (SDC) on 05.01.2024. The petitioners, accordingly, appeared before the SDC on 05.01.2024 wherein they were asked to submit written statement before the Committee describing the entire incident. Accordingly, the petitioners submitted individual written statements narrating the entire incident. Thereafter, the petitioners received e-mails on 31.01.2024 attaching the impugned Communication, dated 31.01.2024, which was written by the Joint Registrar and HoS (Student Affairs) and addressed to the petitioners separately wherein the disciplinary actions initiated against them were indicated. The relevant portion of the Communication, dated 31.01.2024, reads as under:
“Based on the interaction during the meeting, the undersigned is to convey that on approval of the Competent Authority, the following disciplinary actions have been initiated against you:
1. A fact-finding committee is being constituted to investigate the entire incident leading to the untimely demise of Late Pulluri Aishwarya, your association with the incident, if any.
2. You are suspended from the institute with immediate effect until further orders.
3. You are asked to vacate your institute hostel with immediate effect and to go home.”
3. Thereafter, the petitioners left for their native place on 08.02.2024 inasmuch as they were suspended from the hostel. In the meantime, the Mid-Semester examination commenced from 24.02.2024 up-to 01.03.2024. However, the petitioners did not participate in the said Mid-Semester examination. The petitioners again received e-mails on 27.02.2024 from the Student Affairs Section directing them to appear before the Fact Finding Committee on 28.02.2024. The petitioners attended the proceeding of the Fact Finding Committee on the said date. Thereafter, the petitioners received another e-mail on 22.03.2024 through the Student Affairs Section intimatin
AI
The court established that disciplinary actions in educational institutions must adhere to principles of natural justice, including the right to be informed of evidence against a student, while also ....
The main legal point established is that disciplinary action against students must be based on fair proceedings and justified by specific violations of the institution's code of conduct.
Disciplinary proceedings must adhere to principles of natural justice, requiring specific allegations to be communicated to the accused for a fair hearing.
Disciplinary actions in educational institutions must adhere to procedural rules ensuring the right to a fair hearing; failure to do so contravenes natural justice and invalidates punishment.
The judgment emphasizes the importance of affording a proper opportunity of hearing, considering explanations, and providing reasons in administrative decisions, in line with the principles of natura....
Educational institutions must prioritize reformative measures over punitive actions, ensuring adherence to guidelines and principles of natural justice.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.