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2012 Supreme(Mad) 1329
Madurai Bench of Madras High Court
V. DHANAPALAN, J.
M. Raghuvaran & Another
Versus
The State of Tamil Nadu represented by its Secretary, Department of Higher Education & Others
W.P.(MD) No.1061 OF 2012 & W.P.(MD) No.1062 OF 2012
Decided On : 14-03-2012
For the Petitioners:P. Rathinam, Advocate.
For the Respondents:R1 to R3 & R6 - K. Mahendran, Special Government Pleader, R4 - B. Saravanan, Advocate.
The judgment establishes the importance of following principles of natural justice in disciplinary proceedings, the need for a mechanism to regulate cellphone usage in educational institutions, and the court's authority to intervene when dismissal orders are found to be illegal.
Headnote:
Mobile Phone - Student Discipline - Tamil Nadu Private College (Regulation) Act,1976, Section 14(1)(c) - The court quashed the impugned orders of dismissal and directed the college to re-admit the petitioners, finding that the orders were ex facie illegal, non-speaking, and with total non-application of mind. The court held that the college violated principles of natural justice by not framing charges against the petitioners before the disciplinary enquiry and by not furnishing the enquiry report to them. The court also emphasized the need for a mechanism to regulate the usage of cellphones in educational institutions and highlighted the importance of communication technology in education.
Fact of the Case:
The petitioners, students of a college, were dismissed for alleged misconduct related to the use of mobile phones and a complaint of sexual harassment against a college director. The college passed dismissal orders without framing charges, conducting a biased enquiry, or furnishing an enquiry report to the petitioners.
Finding of the Court:
The court found the dismissal orders to be illegal, non-speaking, and with total non-application of mind. It held that the college violated principles of natural justice by not affording the petitioners an opportunity to explain their position and by dismissing them without proper procedure.
Issues: Violation of principles of natural justice, non-speaking orders, non-application of mind, lack of opportunity for the petitioners to explain their position.
Ratio Decidendi: The court emphasized the importance of affording an opportunity to the petitioners to explain their position, the need for a mechanism to regulate cellphone usage in educational institutions, and the violation of principles of natural justice by the college.
Final Decision: The court quashed the dismissal orders and directed the college to re-admit the petitioners, with the period of absence during dismissal to be reckoned as attendance for examination purposes.
1. Seeking to quash the impugned orders dated 08.11.2011 passed by the 4th respondent dated 08.11.2011 and for a consequential direction to the 4th respondent to allow them to continue their studies in the 4th respondent College, the petitioners have filed these Writ Petitions.
2. Facts of the case as put forth in the affidavits accompanying the Writ Petitions would run thus :
(i) The petitioners, viz., M.Raghuvaran and D.Kavitha are doing I year B.C.A. Degree in the 3rd respondent College. On 07.10.2011, the petitioners attended the College as usual and at about 2.00pm, the petitioner Raghuvaran attended the Lab Class and thereafter, at about 2.30 pm, his Head of Department (HoD) Mr.Selvam and Lecturer Ponmani found mobile phone in his bag and that of one Kavitha, the other writ petitioner and earlier also, he found mobile phones in the bags of senior students, but no action was taken. Thereafter, Mr.Selvam enquired Raghuvaran and Kavitha as to why they brought mobile phones inside the college, for which Kavitha replied that she brought mobile phone forgottenly and it is not willful and he asked both Raghuvaran and Kavitha to give a letter of apology and accordingly, both of them gave a letter of apology. Later, they were brought before the Director Mr.S.Ashokan, who asked Kavitha's caste name and found that she belongs to Nadar Community and told her that he will call her later. When he asked Raghuvaran about his caste, he replied that he belongs to Thevar (Kallar) Community, for which Mr.S.Ashokan told that people belonging to his Community always behave in such manner only and asked Raghuvaran to come on Monday along with his parents to collect his Transfer Certificate.
(ii) Thereafter, Mr.S.Ashokan, through the HoD Mr.Selvam, asked Kavitha to appear before him in the 4th respondent's Office, i.e. the Office of the Principal and Kavitha went to the Principal Office for enquiry. While so, Mr.S.Ashokan asked Kavitha to come to the Auditorium Hall and Kavitha went to the Auditorium with Mr.S.Ashokan and he told her that if she obeys his words, he will not inform the cell phone matter to the Principal and she may continue her studies without any disturbance and that he will provide exam question papers before the commencement of examination and also he will pay examination fees for her. Suddenly, Mr.S.Ashokan caught hold of Kavitha's hands and attempted to molest her. But, Kavitha escaped from the hands of Mr.S.Ashokan and came from the Auditorium and at that time, the Principal came to that place and thereafter, Mr.S.Ashokan gave his mobile number to Kavitha and asked her to contact him, otherwise, he will issue Transfer Certificate to her. Later, Kavitha attended her class.
(iii) On 08.10.2011, Kavitha contacted Mr.S.Ashokan and she was asked to contact him on Sunday morning. When Kavitha contacted Mr.S.Ashokan on Sunday at 10.30 am, he asked her to come to his residence at about 11.00 am. Thereafter, she went to his residence and was waiting outside. When Mr.S.Ashokan asked her to come inside his house, she went inside the house and immediately, Mr.S.Ashokan started to molest her and also enticed her that he will not issue Transfer Certificate to her unless she obeys his words. But, Kavitha escaped from the hands of Mr.S.Ashokan and thereafter, on 08.10.2011, she explained the sexual harassment of Mr.S.Ashokan to her friends. Subsequent to which, students of that College made a demonstration against the administrative authorities to take action against Mr.S.Ashokan and on 11.10.2011, Kavitha lodged a complaint before the Inspector of Police, Nagamalai Pudukottai Police Station, for which a complaint receipt in C.S.R.No.236 of 2011 was given.
(iv) On 11.10.2011, the 3rd respondent sent a notice stating that on 12.11.2011, an enquiry will be held regarding the complaint made by Kavitha against Mr.S.Ashokan and that her grievance can be redressed by explaining the incident before the Disciplinary Committee
