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2015 Supreme(Mad) 1996

IN THE MADURAI BENCH OF MADRAS HIGH COURT
S. VAIDYANATHAN, J.
K. Suthan - Petitioner
Versus
The Manonmaniam Sundaranar University, rep. by its Registrar, Tirunelveli & Others - Respondents
Writ Petition (MD) No. 2976 of 2015
Decided On : 30-04-2015

Advocate Appeared:
For the Petitioner:T. Aswin Raja Simman for T. Lajapathi Roy, Advocates.
For the Respondents:R1 & R2, M. Mahaboob Athiff for M/s. Ajmal Associates, R3, M.P. Senthil, Advocates.

The dismissal order is not the issue in the present petition and the suspension order cannot be questioned.

Headnote:

Suspension Order - College Student - Not Applicable - The court dismissed the writ petition challenging the suspension order, stating that the subsequent dismissal order is not the issue in the present petition.

Fact of the Case:

The petitioner, a college student, was suspended for alleged immoral activities. The petitioner claimed innocence and sought to quash the suspension order to write the sixth semester examination.

Finding of the Court:

The court found that the suspension order cannot be questioned and subsequently, the petitioner was dismissed from the college. The court dismissed the writ petition as devoid of merits.

Issues: The main issue was the challenge to the suspension order and the subsequent dismissal of the petitioner.

Ratio Decidendi: The court held that the dismissal order is not the issue in the present petition and that the suspension order cannot be questioned.

Final Decision: The writ petition was dismissed as devoid of merits, with no costs imposed.

Judgment

1. “My hope of the future lies in the youths of character, intelligent, renouncing all for the service of others, and obedient – good to themselves and the country at large." - Swami Vivekananda.

This writ petition has been filed by the petitioner to quash the impugned order dated 30.10.2014 passed by the third respondent, suspending the student/petitioner from the college for his immoral activity with a consequential direction the respondents to allow him to write the sixth semester examination in III year MCA course in the respondent no.3, commencing from April, 2015.

2. The case of the petitioner in nutshell is as follows:

i) The petitioner, who belongs to a Backward Class Community and is also a socially, economically and educationally marginalized family, is styding III year MCA course in the third respondent college, which is affiliated to the first respondent University. After completion of his schooling and UG Degree with first class, he joined the 3rd respondent college and so far passed all papers with distinction and he is the first generation literate of his family to enter the college premises.

ii) It is submitted by the petitioner that in the meanwhile, the father of the petitioner has received a letter/impugned order in which it has been stated that the petitioner has been suspended from the college for his illegal activities, namely, entering his class room along with a girl and locking the door by himself. His father was asked to meet the Principal along with his son on 03.11.2014 at 12 noon in the Principal Office. It is further submitted by the petitioner that his name was erroneously implicated in the alleged immoral activities and in fact, his friend one Subash studying B.Com in Vivekananda College, Kanyakumari asked him to collect commerce books from his friend for his study. Therefore, he has approached his friend, who happens to be a female student, who had completed B.Com course before two years from the third respondent college. At her request to collect the books on the day of convocation i.e. 30.10.2014, he has received the old books from her at outside his class room.

iii) It is his submission that the college authority, without receiving any complaint from the said female student, staff or other students of the college, issued such suspension order. However, he voluntarily appeared before the third respondent and explained about the real facts and circumstances to prove his innocence, but the third respondent did not consider his plea and not allowed to enter the college. In the meanwhile, the third respondent has announced the examination for the sixth semester, which commences from April, 2015. However, his efforts to get the hall ticket from the third respondent have all ended in vain and he has full attendance and the last semester is only for project without any requirement of attendance. He has also paid the examination fee amount of Rs.2669/- to the third respondent for his sixth semester examination. Therefore, it is stated by the petitioner that the action of the third respondent suspending the petitioner from the college and non issuance of Hall Ticket without any valid reason is against the principle of natural justice and that the petitioner may lose his golden opportunity of entering the college institution from his family with socio economic disqualification. Hence, he prayed for setting aside the impugned order.

3. The respondents have not filed any counter and however, the third respondent has contended that it is only a suspension order and that that there was eye witnesses to the occurrence. On enquiry, the petitioner was found guilty and he has been subsequently dismissed from the college. Therefore, this writ petition challenging the suspension order is not maintainable inasmuch as the prayer sought in the writ petition has become infructuous due to his dismissal. The third respondent has stated that it has been established that the petitioner has taken a girl alone inside th









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