2013 Supreme(Mad) 1114
HIGH COURT OF JUDICATURE AT MADRAS
A. ARUMUGHASWAMY, J.
Neelam Shetty rep. By her father Suresh Shetty
Versus
The National Council for Hotel Management & Catering Technology rep. By its Director Library Avenue New Delhi & Others
Writ Petition No. 21137 of 2003
Decided on: 27-02-2013
Important Points
Subject
Civil Law - Education Law
Act Referred
TAMIL NADU PROHIBITION OF RAGGING ACT : S.4
TAMIL NADU PROHIBITION OF RAGGING RULES : R.4, R.3
Headnote
Ragging - Disciplinary Action - Tamil Nadu Prohibition of Ragging Act, 1997, Sections 354 and 506(ii) IPC, Prohibition of Harassment of Women's Act, 1998 - Rule 3 and Rule 4 of the Tamil Nadu Prohibition of Ragging Rules, 1999
Fact of the Case:
The petitioner sought disciplinary action against students for ragging, refund of admission fees, and compensation. The petitioner alleged severe ragging incidents and the institution's failure to address the issue.
Finding of the Court:
The court found the institution's failure to address the ragging issue and directed refund of fees and compensation. It advised disciplinary action against the Principal for inaction.
Issues: Ragging, Failure of Institution to Address Complaint, Refund of Fees, Compensation, Disciplinary Action against Principal
Ratio Decidendi: The institution's failure to address ragging despite knowledge of the rules led to the court's decision for refund and compensation. The court advised disciplinary action against the Principal for inaction.
Final Decision: The writ petition was ordered for refund of fees and compensation. The institution was directed to initiate disciplinary action against the Principal.
For the Petitioner:Ms. A. Arulmozhi, Advocate.
For the Respondents:R1 & R2, S. Balasubramaniam, Advocate, R3, M/s. M. Christella CGSC.
1. The petitioner-Neelam Shetty has come forward with the present writ petition for issuance of a direction to the respondents to initiate disciplinary action against the six students, who headed the ragging in the 2nd respondent institution, to refund the amount of Rs.35,250/- paid for admission in the 2nd respondent institution and to pay an adequate compensation.
2. The short facts of the case, necessary for the disposal of the writ petition are as follows:-
(i) Petitioner, Neelam Shetty, who secured 60% marks in Higher Secondary Examination opted for Hotel Management Course. She applied to the National Council for Hotel Management and Catering Technology, New Delhi and accordingly, she was selected for counselling and she paid Counselling fees of Rs.10,000/-. In the said counselling, she chosen to study at Institute of Hotel Management Catering Technology and Applied Nutrition at Tharamani, the second respondent institution. Thereafter, the petitioner paid Rs.25,250/- towards admission fees and also joined in the Girls Hostel of the second respondent institute on 14.07.2003.
(ii) According to the petitioner's father viz., Suresh Shetty, he left his daughter Neelam Shetty in the Hostel and went for shopping and when he returned at about 9.30 p.m., he found that his daughter was in sorry state of affairs since she was ragged by her seniors. However, he convinced her daughter.
(iii) According to the petitioner herein, the so-called seniors asked her to obey their instructions, which instructions were very serious in nature and could not be followed. Again the father of the petitioner, on coming to know about the continued ragging, went to report the matter to the Hostel Warden viz., Ananthakrishnan, who also called the senior students and asked to solve the matter amicably. Thereafter, the senior students asked apology. As such, Neelam Shetty continued to stay in the hostel.
(iv) The petitioner's father, thereafter, went to Mumbai on 18.07.2003 and called his daughter over phone on 19.07.2003, at which time, Neelam Shetty, again made complaints of ragging meted out to her. Therefore, he returned to Chennai and met her daughter, who revealed all tortures given by her senior students.
(v) On 17.07.2003, according to the petitioner, she was called by one of her seniors, who coerced her and warned her of reporting the matter to anybody. Even on 18.07.2003, the petitioner-Neelam Shetty was tortured by her seniors, who asked her to meet some senior boys and they all ragged her in an indecent manner. Further, another Senior asked the petitioner to clean her room and also asked to show some bad gestures for a vulgar song.
(vi) Since the petitioner – Neelam Shetty was meted out with painful incidents in the hostel, she complained the same to the Principal of the second respondent institution on 21.07.2003, who also according to the petitioner accused her as she made a complaint with ulterior motive. Left with no other option, the petitioner's father made a complaint to the Commissioner of Police on 22.07.2003 and the same was forwarded to the Joint Commissioner, South Chennai. Thereafter, enquiry was done by Assistant Commissioner of Police, Guindy, followed by the registration of complaint in FIR on 22.07.2003 by the Inspector of Police, Velacherry under Section 4 of Tamil Nadu Prohibition of Ragging Act, 1997 and under Sections 354 and 506(ii) IPC and under Prohibition of Harassment of Women's Act, 1998. On 23.07.2003, a team of police headed by the Assistant Commissioner conducted an enquiry with the alleged five senior students.
(vii) On the plea of the petitioner, she was permitted to take back her luggage from the hostel and on representation for return of Transfer Certificate and refund of fees amount, she was issued with Transfer Certificate, but she got refund only Rs.2,000/-and the petitioner-Neelam Shetty left the second respondent institution on 23.07.2003.
(viii) The grievance of the petitioner is that, if the ragg