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2015 Supreme(Mad) 2574

IN THE MADURAI BENCH OF MADRAS HIGH COURT
S.VAIDYANATHAN, J.
V.Jobin David - Petitioner
Vs.
The Principal, Subbalakshmi Lakshmipathy Science College, T.V.R.Nagar, Aruppukkottai Road, Madurai. – Respondent
W.P.(MD) No.18218 of 2014
Decided On : 31.07.2015

Advocates:
Advocate Appeared:
For Petitioner: Mrs. S.Vijayashanthi
For R1 : Mr. Isaac Mohanlal
For R2 & R3 : Mr. S.Chandrasekar

The judgment emphasizes the impact of ragging on students and the institution's reputation, and highlights the provisions of the Tamil Nadu Prohibition of Ragging Act, 1997.

Headnote:

Ragging - College Expulsion - Tamil Nadu Prohibition of Ragging Act, 1997 - [4, 5] - The court discussed the petitioner's involvement in ragging, the disciplinary proceedings, and the provisions of the Tamil Nadu Prohibition of Ragging Act, 1997. The court emphasized the impact of ragging on students and the institution's reputation, and ultimately directed the college to permit the petitioner to take the 5th semester examination and complete his project work.

Fact of the Case:

The petitioner sought to quash the order of dismissal issued by the college, alleging that he was involved in ragging. The college contended that the petitioner was found guilty of ragging and recommended his expulsion.

Finding of the Court:

The court found the petitioner's involvement in ragging to be the root cause of his expulsion from the college. It emphasized the impact of ragging on students and the institution's reputation.

Issues: The main issue was the petitioner's involvement in ragging and the subsequent expulsion from the college.

Ratio Decidendi: The court considered the provisions of the Tamil Nadu Prohibition of Ragging Act, 1997 and the impact of ragging on students and the institution's reputation. It directed the college to permit the petitioner to take the 5th semester examination and complete his project work.

Final Decision: The court directed the college to permit the petitioner to take the 5th semester examination in Madurai Kamaraj University and complete his project work, emphasizing that the order should not be taken as a precedent for other students.

ORDER

The petitioner has filed this writ petition, seeking to quash the impugned order dated 15.10.2014 issued by the 1st respondent, in and by which, the petitioner was dismissed from the college.

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

i) The petitioner joined B.Sc. in Maritime Hospitality in the 1st respondent college for the year 2012-2015 and that he has completed 4th semester. He has secured good marks in the 1st semester and has been maintaining good character all along. He has also paid final year fee also cleared all the papers upto 4th semester.

ii) The petitioner has submitted that while so, the 1st respondent issued an order of suspension dated 11.09.2014 alleging that he had involved in ragging and that he was not allowed to attend the classes. In the meantime, the 1st respondent, vide letter dated 15.09.2014, directed the petitioner to appear for enquiry on 25.09.2014 and again on 04.10.2014, it was communicated to him to attend the enquiry with parents, pursuant to which, he also attended the enquiry along with his parents and stated that he had not involved in ragging. It is submitted that the 1st respondent had not formed a disciplinary committee before issuing the order of suspension and no particulars had been given to know under what basis, complaint and petition, such an enquiry has been initiated against him.

iii) The petitioner has further submitted that even though he has not committed any mistake, he was forced to tender his apology and he also tendered his apology on the premise that he would be allowed to continue his studies without any interruption. But on the contrary, the 1st respondent passed the impugned order of dismissal on 15.10.2014 without even giving him an opportunity to defend himself, which is against the Regulations of the University to the effect that a Discipline and Welfare Committee has to be formed to decide such issues. It is stated that the allegations against him are very flimsy and are levelled with the sole intention of not allowing him for the 5th semester examinations.

iv) The submission of the petitioner is that the impugned order is highlly arbitrary, illegal and violative of doctrine of equality and the same was issued without any base and appreciating any evidence and he was not given any chance to prove his innocence. If he is not allowed to continue his final year study, he will not be in a position to submit his project work on time. Therefore, it is prayed that the impugned order is liable to be set aside.

3. The 1st respondent has filed a counter, wherein it has been inter alia stated as follows:

i) The Subbalakshmi Lakshmipathy Science College, Madurai (hereinafter referred to as ‘the college’) is owned and administered by, Subbalakshmi Lakshmipathy Foundation. The Foundation is a charitable Trust incorporated under section 25 of the Companies Act, 1956. The certificate of incorporation has been issued by the Registrar of Companies, Tamil Nadu - No. 18 – 18186 of 1989. The main objects of the Foundation include medical relief to the poor, establishment of hospitals, clinics and dispensaries, to establish and maintain institutions providing education at all levels, to provide accommodation and lodging to the poor and the deserving and to give them facilities to carry on with their studies in a congenial atmosphere. The Foundation is administered by the Board of Directors. The Foundation has established 4 [four] Educational Institutions as below:

(1) R L Institute of Nautical Sciences

(2) Subbalakshmi Lakshmipathy College of Science

(3) R L Institute of Management Studies

(4) Krishnamal Ramasubbaiyer Marticulation School

ii) It is stated that the College was established in the year 1994. It is a self-financed college. Admission to the college is kept open for all eligible candidates irrespective of caste, creed, religion or language. Preference is however given to the poor and the backward classes without compromising the merit. Education is offered o


















































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