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SUREPALLI NANDA
M. A. Saif Ali – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard the Learned Counsel for the Petitioner, learned Government Pleader for Medical and Health appearing for respondents 1 to 4 and the Learned Standing Counsel appearing on behalf of the 5th Respondent.
2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the 5th Respondent in suspending the petitioner vide notice dated 09.06.2023 without giving an opportunity to be heard, in flagrant violation of Regulation No. 23 of the National Medical Commission (Prevention and Prohibition of Ragging in Medical Colleges and Institutions) Regulations, 2021 and without considering the representations dated 28.04.2023, 23.05.2023 and 02.06.2023 as illegal, arbitrary, unconstitutional, against the Principles of Natural Justice and violative of Article 14 and 21 of the Constitution and coupled with flagrant violation of Regulation No. 23 of the National Medical Commission Prevention and Prohibition of Ragging in Medical Colleges and Institutions). Regulations, 2021, and consequently set aside the suspension order/notice dated 09.06.2023.
3. The case of the Petitioner, in brief, is as follows:
The judgment emphasizes the importance of adhering to principles of natural justice and the presumption of innocence, as well as the right to liberty guaranteed under Article 21 of the Constitution.
Point of Law : Regulation 23(2), as quoted above, clearly prescribes that inquiry/investigation is to be held giving adequate opportunity to the student/students, accused of ragging.
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.
Disciplinary proceedings must adhere to principles of natural justice, requiring specific allegations to be communicated to the accused for a fair hearing.
A statutory Appellate Authority is legally mandated to consider an appeal on its merits and issue a reasoned, transparent order to the aggrieved parties, ensuring compliance with the principles of na....
A student cannot be rusticated without providing an opportunity of being heard and without following the principles of natural justice.
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.
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