Judges : V.P.GOPALAN NAMBIYAR,M.P.MENON
THAMPAN - Appellant
Versus
PRINCIPAL, MEDICAL COLLEGE, CALICUT - Respondent
Case No : O.P. No. 2746 to 2746 etc. of 1978
Decided On : 09/06/1978
Advocates Appeared :
T.P. Kelu Nambiyar, S.A. Nagendran, V. Bhaskaran Nambiyar & P.A. Mohammed (T) K.P Radhakrishna Menon & Government Pleader
Ragging - Disciplinary Action - Calicut University Act, S.23 - The court discussed the jurisdiction of the Principal and the Managing Committee to take disciplinary action against the students and found that the inherent right and quasi-parental authority of a teacher to proceed by way of disciplinary action against a pupil under his charge has been well-recognised. The court also emphasized the authority of the Principal to deal with matters affecting the discipline of the College. The court further considered the plea of violation of natural justice and found that the minimum requirements of the Rules of natural justice had been observed in the case. The court referred to the state of feeling that ragging had roused in the State and the background and modus operandi of the ragging activities in the Medical Colleges of the State to determine the applicability of the principle of natural justice. The court upheld the punishment inflicted on the petitioners, considering the leniency shown by the Management Committee and the accepted policy to visit such incidents with outright expulsion from the College.
Fact of the Case:
The writ petitions were filed against the disciplinary action taken by the Managing Committee of the Medical College, Calicut, against the students, resulting in their suspension from the College for varying terms due to their involvement in ragging activities against the junior students.
Finding of the Court:
The court found that the Principal and the Managing Committee had the jurisdiction to take disciplinary action against the students and that the minimum requirements of the Rules of natural justice had been observed in the case. The court upheld the punishment inflicted on the petitioners, considering the leniency shown by the Management Committee and the accepted policy to visit such incidents with outright expulsion from the College.
Issues: The principal issues were the jurisdiction of the Principal and the Managing Committee to take disciplinary action against the students and the plea of violation of natural justice.
Ratio Decidendi: The court emphasized the inherent right and quasi-parental authority of a teacher to proceed by way of disciplinary action against a pupil under his charge and upheld the punishment inflicted on the petitioners, considering the leniency shown by the Management Committee and the accepted policy to visit such incidents with outright expulsion from the College.
Final Decision: The court dismissed the writ petitions, but made no order as to costs.
1. These writ petitions are directed against the disciplinary action taken by the Managing Committee of the Medical College, Calicut, against the writ petitioners, students of the College, resulting in their suspension from the College for varying terms. The reason for the action was the "ragging" indulged in by the petitioners who may be broadly referred to as the senior students of the College, against the "freshers" or the junior students. "Ragging" has passed so much into popular parlance that we feel that any elucidation of the term would be unnecessary. The petitioners were charged with "ragging" of different grades and varieties ranging from abusing in filthy and obscene language or demanding the repetition of obscene language by the freshers, to beating, manhandling and other debasing forms of behaviour. The incidents are stated to have happened in the College and the hostel campus during the ragging season from 13 111977 to 3121977. We shall state the facts in O. P. No. 2740 of 1978, with respect to which the principal arguments, were advanced. Ext. P1 dated 19 6 78 is the memo of charge. The petitioner is a student of the IV Year M.B.B.S. Class. The charge was for having manhandled, beaten, ill-treated and abused the seven named students; and having inflicted physical and mental harm by forcing them to do violent exercises to the point of exhaustion, making them do obscene acts like masturbation, exposure of private parts of the body, forcing them to take bath in filthy water in the dead of night, teasing, making them dance naked, sing obscene songs and the like. It was recited that the petitioner had threatened the victims with dire consequences for non-compliance with their demands and forced them (threatened?) to do the indecent acts against their will. The acts complained of are stated to have been committed during the period between 14-11-1977 and 3-12-1977, either alone or in company with senior students. The notice indicated that it was meant to give the petitioner an opportunity of defending himself and that no further opportunity for such defence would be afforded. The abstract of evidence at the foot of Ext. P1 set down the names of the seven victims referred to earlier in the body of the notice, and indicated against each, the acts of humiliation or embarassment visited on him. For instance, one of them was beaten on the back, the second was beaten, the third was asked to masturbate, the fourth was asked to do vigorous exercises, and so on. We have set out the contents of Ext. P1 to afford a picture of the charge and the show cause notice served on the petitioner. Ext. P2 is a copy of the explanation submitted by the petitioner. He took up the stand that the charges were vague and indefinite, that the students had not adduced any evidence in support of the charge, and so on. Ext. R1 is the enquiry report submitted by a Committee of three Professors of the College, namely, Dr. P. Jacob Abraham, Professor of Anatomy, Dr. P. N. Neelakantan Achary, Professor of Physiology, and Dr. M. S. P. Nair, Professor of Biochemistry. Ext. R2 filed with the additional counter affidavit, is the affidavit of Dr. M. S. P. Nair, detailing the procedure followed at the enquiry. The Committee collected evidence from the Ist Year students (male and female). Each of them was first called and asked to narrate his experience of ragging by the senior students. The facts disclosed were recorded by the Committee. Ext. R2 records that the freshers gave sufficient evidence to establish the identity of the wrongdoers. Those whose evidence was considered concrete and tangible, were called again by the Committee and asked to identify the miscreants from a group of photographs. The photographs did not contain any name, and were mixed and kept separately for identification. As the next step the delinquent students were called and were informed of the gist of the evidence in respect of their reported involvement in the ragging acti
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