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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. SUDHAKAR and V.M. VELUMANI, JJ.
S. Thirumani & Ors. - Appellants
Vs.
The State of Tamil Nadu, The Director of Legal Studies, Directorate of Legal Studies & Ors. - Respondents
Writ Appeal (MD) Nos.892 and 990 of 2015 & M.P.(MD) Nos.1, 1, 2 and 3 of 2015
Decided On : 30.10.2015
Information Technology Act, 2008 – Section 67 – Women Harassment Act, 1998 – Section 4 – Penal Code, 1860 – Section 354 D – Protest – Appellants and two other students, viz., N.Sivaguru and M.Palanisamy, were studying III year in five years B.A., B.L., Degree course at Government Law College, Trichy. – They were extending their support to the students, whenever they went on protest for the interest of students as well as for the interest of the Society and participated in those protest. – Girl students in the ladies hostel were checked-up and searched to find out whether any student is having mobile phone in the hostel. Mrs. Krishna Leela, Assistant Professor/Deputy Warden of the ladies hostel of the College, exceeded her limit, by searching girl students, by removing their dress in front of other students. – The entire college staged protest against Mrs. Krishna Leela, in a democratic way, for two days, i.e., on 15.10.2014 and 16.10.2014, condemning the atrocious activities of the Assistant Professor/Deputy Warden. – The appellants also participated in the said protest. – Second respondent without conducting any enquiry and without affording any opportunity to the appellants and two other students, dismissed the appellants and others, by order dated 06.03.2015. – The said order is arbitrary and passed in violation of the principles of natural justice. – In such circumstances, the appellants and other two students, viz., N.Sivaguru and M.Palanisamy, filed W.P.(MD)Nos.9323 and 4740 to 4742 of 2015, seeking to quash the said order of dismissal from the College and direct the respondents to re-admit them in III year B.A., B.L. Degree course in the academic year 2014-2015, in the second respondent College and allow them to continue their studies. – Held, Counsel for the appellants contended that the punishment of expelling the appellants and others from the College is disproportionate to the misconduct alleged to have been committed by the appellants and others. – Relying on paragraph 17 of the Judgment reported in AIR 1997 KARNATAKA 261 [T.T.Chakravarthy Yuvaraj and others Vs. Principal, Dr.B.R.Ambedkar Medical College], learned counsel for the appellants submitted that the punishment may be modified as expulsion for three years, at the most. – Appellants and others are not eligible for such leniency. – The Judgment relied on by the learned counsel for the appellants is not applicable to the facts of the present case. – In the present case, the appellants and others have conspired together and sent vulgar and obscene messages and made phone calls, threatening Mrs. Krishna Leela, Assistant Professor/Deputy Warden, their own teacher. – They have deliberately committed serious misconduct, when their teacher only tried to shape the character of her students, so that they can be successful and shine in their profession. – Single Judge has elaborately dealt with the meaning of “Guru” and their status. – Court is in entire agreement with the view of the learned Single Judge. In view of the serious misconducts deliberately done by the appellants and others against their Professor, the second respondent has rightly imposed the punishment, by expelling them from the College. – Court find there is no reason to modify the punishment. – There is no infirmity in the order passed by the learned Single Judge, warranting our interference. – Writ Appeals Dismissed
V.M. VELUMANI, J.
These writ appeals have been filed challenging the order dated 10.07.2015, made in W.P.(MD)Nos.4742 and 4740 of 2015.
2. Since common issues are involved in both the writ appeals, they are heard together and disposed of by this common Judgment.
3. The case of the appellants:
(i) The appellants and two other students, viz., N.Sivaguru and M.Palanisamy, were studying III year in five years B.A., B.L., Degree course at Government Law College, Trichy. They were extending their support to the students, whenever they went on protest for the interest of students as well as for the interest of the Society and participated in those protest.
(ii) Girl students in the ladies hostel were checked-up and searched to find out whether any student is having mobile phone in the hostel. Mrs. Krishna Leela, Assistant Professor/Deputy Warden of the ladies hostel of the College, exceeded her limit, by searching girl students, by removing their dress in front of other students. The entire college staged protest against Mrs. Krishna Leela, in a democratic way, for two days, i.e., on 15.10.2014 and 16.10.2014, condemning the atrocious activities of the Assistant Professor/Deputy Warden. The appellants also participated in the said protest.
(iii) The appellants and other students came to know that somebody has sent obscene messages to Mrs. Krishna Leela, Assistant Professor/Deputy Warden, through mobile phone. She gave a complaint on 14.09.2014 and the same was registered in Crime No. 65 of 2014, on the file of Cantonment All Women Police Station, Trichy, on 10.11.2014.
(iv) The appellants were not aware of the FIR registered against some persons, for the alleged occurrence, that took place in the intervening night of 13.09.2014 and 14.09.2014. The appellants were regularly attending classes. S.Thirumani [Appellant in W.A.(MD) No.892 of 2015] came to know that his Roommates, viz., A.Saravana Bava [Appellant in W.A.(MD) No.990 of 2015] and Palanisamy were arrested on 17.12.2014 at the College gate and produced before the learned Judicial Magistrate No.II, Trichy, and remanded to judicial custody. Subsequently, they were released on bail. Thereafter, it came to be known that they were arrested on the allegation that somebody sent obscene messages to Mrs. Krishna Leela, using the mobile phone of Palanisamy, roommate and friend of Sivaguru and Saravana Bava [Appellant in W.A.(MD) No.990 of 2015].
(v) N. Sivaguru, a Roommate, confessed that he only sent the controversial messages and made phone calls to Mrs. Krishna Leela, Assistant Professor/Deputy Warden. While so, a show cause notice, dated 02.02.2015, was issued to the appellants, Palanisamy and Sivaguru, calling upon them to submit their explanations within 48 hours. After getting extension of time, they submitted their explanations on 12.02.2015.
(vi) The second respondent without conducting any enquiry and without affording any opportunity to the appellants and two other students, dismissed the appellants and others, by order dated 06.03.2015. The said order is arbitrary and passed in violation of the principles of natural justice. In such circumstances, the appellants and other two students, viz., N.Sivaguru and M.Palanisamy, filed W.P.(MD)Nos.9323 and 4740 to 4742 of 2015, seeking to quash the said order of dismissal from the College and direct the respondents to re-admit them in III year B.A., B.L. Degree course in the academic year 2014-2015, in the second respondent College and allow them to continue their studies.
4. The case of the respondents:
(i) The second respondent filed common counter affidavit in all the four writ petitions. Mrs. Krishna Leela, Assistant Professor/Deputy Warden, got an information that two students, viz., Ms.Vaisnavi and Ms.Radhika, III year B.A., B.L., Degree course, were using mobile phones, on 11.09.2014. Their parents were asked to meet the Principal of the College on 12.09.2014. In the meeting, it was found that the mobile phone, which was used by Ms
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