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HIGH COURT OF KERALA
N.NAGARESH, J
PRINCIPAL – Appellant
Versus
VICE CHANCELLOR – Respondent
JUDGMENT :
(N. NAGARESH, J.)
The petitioner, who is the Principal of Mother Arts and Science College, Peruvallur, Thrissur, a Private Self Financing Minority College affiliated to the 4th respondent- University of Calicut, seeks to quash Ext.P1 order of the 2nd respondent-Dean of Students Welfare. The petitioner seeks to declare that respondents 1 to 4 have no authority to interfere / sit in appeal against the disciplinary authority of the Principal of a Self Financing Minority College.
2. The petitioner states that the 5th respondent and 6th respondent were BBA students in the College. On 05.11.2024, a violent and verbal altercation took place between the two at the College gate bus stop. A complaint in this regard was received. The allegation was that while the 6th respondent was attempting to board a private bus, the 5th respondent forcefully pulled her out of the bus by hair causing the 6th respondent to fall on the road. Thereafter, respondents 5 and 6 involved in violent physical attack and verbal abuse, which quickly escalated into a group fight when other female students got involved in the altercation.
3. Respondents 5 and 6 were placed under suspension for a week from 08.11.2
The authority of a Dean to interfere in disciplinary actions of a Private Self Financing Minority College is limited, and procedural violations render such decisions invalid.
The college committee has the authority to conduct disciplinary proceedings in unaided institutions, and dismissal does not require approval from government authorities.
Point of Law : Law could not be deemed to be unreasonable unless it was totally destructive or annihilative of the right under Art.30(1).
The judgment established the applicability of the Tamil Nadu Private Colleges Regulation Act, 1976 to minority institutions and clarified the jurisdiction of the Tribunal to hear second appeals. It a....
Disciplinary proceedings must adhere to principles of natural justice, and the punishment imposed should be proportionate to the incident.
The Court emphasized that the lack of jurisdiction of the disciplinary authority nullifies all subsequent steps in the disciplinary proceedings.
Minority institutions have an absolute right to select their staff without interference from educational authorities, as protected under Article 30 of the Constitution.
Educational institutions receiving state assistance fall under the definition of 'State' in Article 12, making them subject to judicial review under Article 226.
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