2018 Supreme(Mad) 1026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, J.
R. Mohan - Petitioner
Versus
The Registrar, Anna University, Anna University Campus, Chennai & Others - Respondents
W.P. No. 22244 of 2017 & W.M.P. No. 23288 of 2017
Decided On : 28-03-2018
For the Petitioner:S.P. Arthi, Advocate.
For the Respondents:M. Vijayakumar, Standing Counsel, P.R. Sankar, Advocate.
The detrimental effects of alcohol consumption on education and the importance of maintaining an academic atmosphere in educational institutions.
Headnote:
Alcohol Consumption - Education - Anna University regulation 2013, CDJ 2014 SC 877, CDJ 2013 MHC 5473 - The court upheld the decision to deny a student the opportunity to write an examination due to inadequate attendance resulting from alcohol consumption during college hours. The court cited relevant regulations and previous judgments to support its decision, emphasizing the importance of maintaining an academic atmosphere and the detrimental effects of alcohol consumption on education.
Fact of the Case:
A first-generation college student was suspended and directed to redo a semester due to inadequate attendance resulting from alcohol consumption during college hours.
Finding of the Court:
The court found that the student's suspension and the directive to redo the semester were justified due to the student's consumption of alcohol during college hours and disruptive behavior, which violated the academic atmosphere of the institution.
Issues: The main issue was the student's challenge to the order directing him to redo the semester due to inadequate attendance resulting from his alcohol consumption and disruptive behavior.
Ratio Decidendi: The court held that the student's consumption of alcohol during college hours and disruptive behavior warranted the suspension and the directive to redo the semester. The decision was supported by relevant regulations and previous judgments.
Final Decision: The writ petition was dismissed, and the court directed Anna University to issue a circular to all colleges to include a condition in the admission prospectus prohibiting students from entering the colleges in an inebriated condition.
Varun Saini & Others v. Guru Gobind Singh Indraprastha University, CDJ 2014 SC 877
K. Khayathri and Another v. The Secretary to Government of Tamil Nadu, Department of Technical Education & Others, CDJ 2013 MHC 5473
Advocates Appeared :
For the Petitioner : S.P. Arthi, Advocate.
For the Respondents : M. Vijayakumar, Standing Counsel, P.R. Sankar, Advocate.
JUDGMENT :
1. How liquor plays havoc in the lives of the people is clearly exhibited in this case and this Court should blame only the policy makers, who lifted the prohibition which was imposed in Tamil Nadu during the year 1938 by the then premier of Madras President Mr. Rajagopalachari. There are many cases of untimely death of persons leaving their families in lurch, due to consumption of alcohol throughout Tamil Nadu. Though, there are exemption to liquor in some states like Bihar, Gujarat and in north eastern states, the consumption of alcohol in Tamil Nadu is stated to be more than other states. It is not only confined to adults, but also get extended its canticles, even to the students spoiling their education and consequently their lives.
2. Here is a case in which the petitioner who is a first generation college student has become victim due to consumption of alcohol. The petitioner is an Engineering student, who has completed third year Electrical and Electronics Engineering in the second respondent/Tamil Nadu College of Engineering, Coimbatore. The petitioner was not permitted to write the VI semester examination due to lack of adequate attendance as he was under suspension due to consumption of alcohol during the college hours. Consequently, he was directed to redo the VI semester. Such order is being challenged before this Court.
3. Ms. S.P. Arthi, learned counsel appearing for the petitioner would submit that with malafide intention, the management suspended the petitioner with false allegations and was not allowed to attend the classes and due to which the petitioner could not have sufficient attendance to write the VI semester. In view of that she would submit that the impugned order directing the petitioner to redo the VI semester is illegal and unwarranted.
4. However, Mr. M. Vijayakumkar, learned counsel appearing for the first respondent would submit that as per clause 6.3 of Anna University regulation 2013, any candidate who has secured not less than 75% attendance alone would be permitted to write the examination. Whereas the petitioner has got only 54% and hence, the petitioner was rightly not permitted to write the examination. The learned counsel for the second respondent would submit that because of the misbehaviour of the petitioner, he was suspended and he was ordered to redo the course.
5. Heard, all the parties and perused the records. Though attendance is the crux of the matter in this issue, the core issue is consumption of alcohol in the college hours and creating ruckus among other college mates by the petitioner. The student is supposed to attend the classes, only to learn lesson and to enrich his knowledge. The student cannot neither misbehave nor commit any misdeed either inside the campus or outside the campus. The student phase should be a knowledge gaining phase and the knowledge gained in the process would empower the person to lead a better life by getting appropriate posting and thereby leading a decent life. However, in this case the allegation against the petitioner is that he had consumed alcohol during college hours and created ruckus among other college students. The atmosphere in the college or any educational institution should be an academic atmosphere as it should not be vitiated on any account. Consumption of alcohol, that too, by a student cannot be taken as an act of mistake, because he deliberately consumed alcohol during college hours and created ruckus among all the other college mates, thereby vitiating atmosphere in the class/campus. If the petitioner is allowed to continue this kind of act, definitely it wou