High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M.KARPAGAVINAYAGAM
P.Senthil & Others - Appellant
Versus
The Principal & Others - Respondents
W.P. NO.25952 OF 2001 & W.P.M.P. NO.38408 OF 2001, CONT.P. NO.23 OF 2002
Decided On : 10 February 2003
The writ petition and contempt petition are being disposed of by this common order.
2. The petitioners 1 to 7 have filed the writ petition to issue a writ of certiorarified mandamus, calling for records and quash the impugned order of the first respondent dated 15-10-2001 and direct the College authorities to permit the petitioners to resume studies and attend the classes.
3. The contents of the affidavit filed in support of the above writ petition, in brief, are as follows:-
"(a) The petitioners 1 to 7 are the students of the South India Vaniar Educational Trust (SIVET) College (hereinafter referred to as "the College"), Gowrivakkam, Chennai. There are more than 1,500 students studying in the College.
(b) The elections were not held for about two years for the College students' Union and the College timings were advanced during the current year from 9.30 am to 9 am, which caused inconvenience to the students.
(c) In order to request the College authorities to restore the commencement of morning class to 9.30 a.m. and to conduct elections for the students' Union, a representation was sent to the Principal on 20-9-2001. Since the demands were not met, the College students began to boycott the classes.
(d) At the request of the College authorities, Police came to College and resorted to lathi charge on students. After the boycott was over, 200 students were asked to pay a fine of Rs.150/- each and allowed to attend the classes. But, suspension order was issued on 28-9-2001 as against the petitioners/students alone.
(e) The petitioners were asked to come and attend an enquiry and were forced to tender unconditional apology, accepting the guilt of their acts. The petitioners tendered their apology by way of written statement. On the basis of the said statement, order dated 15-10-2001 was served on the petitioners, intimating that they have been dismissed from the College.
(f) As the enquiry was not conducted in a proper manner and the petitioners were compelled to give statements admitting their guilt, the impugned order of dismissal is liable to be quashed. Hence, the writ petition."
4. Reply by the College authorities, namely, first respondent/Principal and second respondent/Coordinator of the enquiry committee and sixth respondent/Secretary of the SIVET College, is as follows:-
"(a) SIVET College was established in the year 1966. The College was facing frequent problems due to sudden unrest. Due to concerted efforts of the Management, the teaching and non-teaching staff of the College, discipline is being enforced progressively in the campus. In fact, the parents have also welcomed the above step, as their wards are constantly under the care and control of the teachers and management.
(b) Suddenly, on 20-9-2001, the petitioners indulged in violence and gross misbehaviour in the eyes of teachers, spoke filthy language against the teaching staff as well as the Management and caused extensive damage to the College properties. More than that, they instigated other students to participate in the strike. Therefore, the petitioners were suspended on 21-9-2001.
(c) Earlier, the students meeting held on 3-4-2001 made certain demands. Most of the demands were met, except the College election, in view of the past incident in which the students' representative of the College was done to death in the campus due to rivalry between union students. Since there was an uncontrollable violence, the College authorities had to request the Inspector of Police to give protection to the College. The students' violence was also reported to the Director of Collegiate Education.
(d) On 22-9-2001, a written complaint was given by the Principal to Police against the petitioners. On 28-9-2001, the petitioners, through registered letters, were called upon to appear before the enquiry committee, headed by the second respondent.
(e) Accordingly, on 8-10-2001, enquiry was conducted. During the enquiry, heads of various departments have given their statements a
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