IMPORTANT POINT
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.

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:

a) The petitioner was falsely implicated in Crime No. 69/2023 dated 22.02.2023 of P.S. Matwada, alleging that he was responsible for the alleged suicide of late Ms. Dharavath Preeti, a 1st year Post Graduate Student (Anesthesia), Kakatiya Medical College. The petitioner was arrested by the police and remanded in prison on 22.02.2023 and was enlarged on bail on 20.04.2023.

b) After the release of the petitioner from judicial remand, the petitioner went to the college to attend regular classes. However, he was informed by the college authorities and teaching staff that he was not yet permitted to attend the classes and "they heard” that the petitioner was suspended but did not provide any official communication to that extent.

c) The petitioner submitted a letter dated 28.04.2023, requesting the 5th respondent, to permit the petitioner to attend classes. Despite such a letter, the 5th respondent issued a reply letter under the oral instructions of the Director of Medical Education, dated 01.05.2023, in which no clarity was given to the petitioner about the suspension.

d) However, the last paragraph of the above said letter, reads that the Anti-ragging Committee had unanimously decide to “inform to the candidate that the matter is not in the purview of the institution” in accordance with the Medical Council of India (Prevention and Prohibition of Ragging in Medical Colleges/Institutions) Regulations, 2009 amendments.

e) The petitioner submitted another letter dated 23.05.2023 clearly explaining his case and requesting the 5th respondent to permit him to classes. Soon after receiving the said letter, on the same day i.e., 23.05.2023, the office of the 5th respondent served a suspension letter to the petitioner, dated 04.03.2023, which was never disclosed or communicated to the petitioner till 23.05.2023.

f) Aggrieved by the suspension letter dated 04.03.2023, the petitioner approached the 2nd respondent, who is the appellate authority according to the National Medical Commission Prevention and Prohibition of Ragging in Medical Colleges and Institutions) Regulations, 2021, herein after called as the Governing Regulations, 2021, but the 2nd respondent refused to act on the same and instructed the petitioner to approach the 5th respondent. Therefore, the petitioner again submitted a representation dated 02.06.2023 requesting the 5th respondent to reconsider their decision of suspension.

g) Subsequently, the 5th Respondent without acting on the various representations, more specifically representations dated 28.04.2023, 23.05.2023 and 02.06.2023, issued another NOTICE vide Rc.No. 145/Peshi/2023 dated 09.06.2023 further suspending the petitioner from 04.03.2023 for a period of one year.

h) The enquiry committee and the impugned suspension order violates the mandatory procedure and principles laid down under Regulation No. 23 of