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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Ravula Rohith – Appellant
Versus
The State of Telangana & others - Respondents
Writ Petition No.24002 of 2023
Decided on : 29-11-2023
EDUCATION - RUSTICATION - NATURAL JUSTICE - PRINCIPLES - VIOLATION - STUDENT RUSTICATION WITHOUT NOTICE OR HEARING - ARBITRARY AND UNJUSTIFIED - RUSTICATION ORDER QUASHED - PRINCIPLES OF NATURAL JUSTICE UPHELD.
Fact of the Case:
The petitioner, a Ph.D. student at the Forest College and Research Institute (FCRI), was rusticated from the college without any prior notice or opportunity to be heard. The rustication was based on the petitioner's alleged involvement in a TSPSC paper leak and malpractice case. The petitioner challenged the rustication order, arguing that it was arbitrary and unjust and violated the principles of natural justice.
Finding of the Court:
The court found that the rustication order was passed without giving any opportunity to the petitioner to explain his side of the story. The court also found that the rustication order was based on a preliminary report of the special investigation team probing the TSPSC paper leak and that the petitioner's guilt had not been established by any competent judicial forum. The court held that the rustication order was arbitrary and unjust and violated the principles of natural justice.
Issues: 1. Whether the rustication order was passed in violation of the principles of natural justice. 2. Whether the rustication order was arbitrary and unjust.
Ratio Decidendi: The court held that the rustication order was passed in violation of the principles of natural justice because the petitioner was not given an opportunity to be heard before the order was passed. The court also held that the rustication order was arbitrary and unjust because it was based on a preliminary report of the special investigation team and the petitioner's guilt had not been established by any competent judicial forum.
Final Decision: The court allowed the writ petition and set aside the rustication order. The court also observed that it was open to the respondents to proceed afresh in the matter if they intended to do so, but they had to follow the principles of natural justice and provide a reasonable opportunity to the petitioner to be heard.
ORDER :
Heard Mr Mohd. Azhar, learned Counsel appearing on behalf of the petitioner, learned Government Pleader for Education appearing on behalf of the 1st respondent, learned Government Pleader for Forest appearing on behalf of the 2nd respondent and the learned Government Pleader for Services-I.
2. This Writ Petition is filed to issue a Writ of Mandamus declaring the actions of the respondent No. 3, in rusticating the petitioner by issuing rustication notice vide Rc. No. 166/2019/A4(i) dated 14.07.2023 until further orders from Ph.d Forestry (Department: Siviculture and Agro forestry) without calling for any explanation or show cause as illegal, arbitrary, unjust, excessive, against principles of natural justice, violative of articles 14, 21 of constitution of India and consequently set aside/quash the rustication notice vide Rc. No. 166/2019/A4(i) dated 14.07.2023 and direct the respondent No.3 to allow the petitioner to appear in the Ph.D (Forestry) course.
3. The case of the Petitioner as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition in brief, are as follows:
a) The petitioner is a Ph.D student and got enrolled in the 3rd respondent college in the Department of Silviculture and Agro forestry vide Admission No. MFP 22-04. After joining in the college, the petitioner was framed in an unrelated crime No. 95/2023 before the PS CCS DD SIT as Accused No. 81 based on the confession of some other accused and his vague allegation that the petitioner has allegedly helped him in cracking answers for AEE & DAO Examination conducted by TSPSC through Chatgpt and hence the petitioner was arrested and remanded to judicial custody from 13.07.2023 to 27.07.2023.
b) While the petitioner was in judicial remand, the 3rd respondent college on 14.07.2023 issued a notice vide Rc. No.166/2019/A4 (i) stating that the petitioner is being rusticated from the college for the offence committed in connection with the TSPSC paper leakage and malpractice; and arrest by the Special Investigation team probing the TSPSC exam question paper leak on 12.07.2023. The disciplinary committee of the college in its meeting on 14.07.2023 after detailed deliberations has recommended to rusticate the petitioner from the FCRI till further orders. Aggrieved by the same, W.P No. 21995 of 2023 and the same has been withdrawn and this court vide orders dated 28.08.2023 was pleased to grant liberty to file a new writ petition in accordance with law.
c) While things stood so, on 23.08.2023 a circular was issued by the Controller of Examinations and the 3rd respondent directing the students to collect their hall ticket for the exams to be conducted from 29.08.2023 to 02.09.2023 and the petitioner’s hall ticket was not issued citing the impugned rustication. However, the petitioner through e-mail dated 23.08.2023 has requested the 3rd respondent to allow the petitioner to appear for the examinations while the rustication is pending further orders, but there was no response for the same. Aggrieved by the same the petitioner filed W.P No. 23626 of 2023.
d) Moreover, no opportunity was provided to the petitioner to present his explanation and directly a draconian rustication is issued by citing that the petitioner was involved in the TSPSC paper leak and malpractice while the petitioner himself had never appeared for TSPSC AEE & DAO Exam, much alone be involved in the malpractice.
e) As per the Regulations of the Post Graduate Courses which are applicable to the petitioner, no such action either under 10.3.7 was taken or even as per 10.3.8 no action was initiated by the respondents. Aggrieved by the impugned rustication notice vide Rc.No.166/2019/A4(i) dated 14.07.2023 of the respondent No.3, the petitioner has filed the present writ petition.
4. Counter Affidavit filed by the Respondent No. 3 in brief is as
AI
A student cannot be rusticated from a college without being given an opportunity to be heard. Such a rustication order is arbitrary and unjust and violates the principles of natural justice.
A student cannot be rusticated without providing an opportunity of being heard and without following the principles of natural justice.
Administrative actions lacking proper procedure and notice violate principles of natural justice, rendering them arbitrary and illegal.
The court held that the decision of the respondent authorities to disqualify the petitioner under Regulation 5(a) without finding mala-fide possession of material was non-speaking and cryptic, and fa....
The failure to provide a hearing before terminating services violates principles of natural justice, rendering the decision invalid.
The principles of natural justice require that a quasi-judicial body cannot pass an adverse order against a party without giving them a notice and an opportunity to be heard.
The court emphasized that punitive actions against students must adhere to principles of natural justice, including the right to a fair hearing before any disciplinary action is taken.
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