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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
P. Abhilash and Others - Petitioners
Versus
P.V. Narasimha Rao Telangana Veterinary University and Others – Respondents
W.P. No. 5010 Of 2023
Decided On : 11-09-2023
RAGGING - UNIVERSITY GRANT COMMISSION (UGC) REGULATIONS ON CURBING THE MENACE OF RAGGING IN HIGHER EDUCATIONAL INSTITUTIONS, 2009 - COMPLAINT BY HOSTEL WARDEN - PRELIMINARY ENQUIRY COMMITTEE - COMPOSITION - PRINCIPLES OF NATURAL JUSTICE - NOTICE - OPPORTUNITY OF HEARING - PUNISHMENT - JUDICIAL REVIEW - WRIT PETITION - MAINTAINABILITY - ALTERNATIVE REMEDY.
Fact of the Case:
Petitioners, students of a veterinary college, were expelled from hostels and college vehicles and rusticated for one year for ragging first-year students. They challenged the order, alleging that the preliminary enquiry committee included the complainant warden, violating natural justice principles, and that they were not given a notice or an opportunity to be heard.
Finding of the Court:
The court found that the inclusion of the complainant warden in the preliminary enquiry committee violated the principles of natural justice. It also held that the petitioners were not given a notice or an opportunity to be heard, which was a violation of their right to natural justice. The court further held that the writ petition was maintainable as the petitioners had no effective alternative remedy.
Issues: 1. Whether the inclusion of the complainant warden in the preliminary enquiry committee violated the principles of natural justice? 2. Whether the petitioners were given a notice or an opportunity to be heard? 3. Whether the writ petition was maintainable?
Ratio Decidendi: 1. The court held that the inclusion of the complainant warden in the preliminary enquiry committee violated the principles of natural justice. It relied on the judgment of the Supreme Court in Satwati Deswal v. State of Haryana & Others, (2010) 1 SCC 126, which held that a quasi-judicial body cannot pass an adverse order against a party without giving them a notice and an opportunity to be heard. 2. The court held that the petitioners were not given a notice or an opportunity to be heard, which was a violation of their right to natural justice. It relied on the judgment of the Supreme Court in Umanath Pandey & Others v. State of Uttar Pradesh & Another, (2009) 12 SCC 40, which held that the principles of natural justice require that a party should be put on notice of the case before any adverse order is passed against them. 3. The court held that the writ petition was maintainable as the petitioners had no effective alternative remedy. It relied on the judgment of the Supreme Court in M/s. Radhakrishan Industries v. State of Himachal Pradesh, (2021) 6 SCC 771, which held that a writ petition is maintainable even if an alternative remedy is available if there has been a violation of the principles of natural justice.
Final Decision: The court allowed the writ petition, set aside the order expelling the petitioners from hostels and college vehicles and rusticating them for one year, and directed the respondents to permit the petitioners to appear for all the examinations scheduled for the professional year 2022-23.
ORDER :
Heard Sri P.V.L.Bhanu Prakash, learned counsel appearing for the Petitioners and Sri A. Venkataramana, learned standing counsel appearing for the Respondents.
2. This Writ Petition is filed praying to issue a Writ of Mandamus by declaring the memo No. 3195/Acad.VI/2022 dated 29.11.2022 issued by the 3rd respondent herein in expelling the petitioners from all hostels and college vehicles permanently with effect from 01/11/2022 and rustication from institution for one year with effect from 01.11.2022, as arbitrary, illegal, bad in law, violative of Article 14, 19 and 21 of the Constitution and consequently set aside the memo No. 3195/Acad.VI/2022 dated 29.11.2022 issued by the 3rd respondent, further direct the respondents to permit the petitioners to appear for internal examination to be held from 22.02.2023 for the professional year 2022-23.
3. The case of the Petitioners, in brief, is as follows:
a) Petitioner nos. 1, 3, 4 and 8 are studying their II year and the petitioner nos. 2, 5, 6 and 7 are studying their IV-year Bachelor of Veterinary Science and Animal Husbandry degree in the 4th respondent college. All the petitioners herein along with other students were placed under suspension by an order dated 29.10.2022 for a period of 2 weeks on the allegations of ragging the 1st year students. Basing on the complaint dated 26.10.2022 alleged to have been given by the warden of Hostel-A U/G hostel to the 3rd respondent alleging that students of II Year and IV year ragged the 25 professional 1st year students on Diwali day. The 3rd respondent by memo No. 2688/Acad VI/2022 dated 27.10.2022 constituted preliminary enquiry committee to make initial inquiry and submit its report by 29.10.2022. The 3rd respondent constituted a preliminary enquiry committee in which the Warden of the Hostel-A U/G, Professor of Parasitology Department, Professor of Life Stock Anatomy Department are the members.
b) The 3rdrespondent acted upon the complaint given by the Warden of the Hostel-A U/G hostel and still he is made as part of the committee constituted for conducting preliminary enquiry. A complainant himself can never be part of the preliminary enquiry committee, as such the constitution of the committee and the enquiry conducted is illegal, bad in law, violative of principles of natural justice. The said committee summoned all the petitioners herein along with other students and made them to admit the guilt forcefully threatening them that he will be permanently rusticated from the college.
c) Basing on the forced admissions given by all of the petitioners, the preliminary committee alleged to have submitted its report dated 29.10.2022. In the said preliminary committee report it is alleged that certain students of Il and IV year were identified and were immediately expelled from hostel and academics for a period of 3 weeks.
d) The 3rd respondent through its letter dated 12.11.2022 intimated the preliminary enquiry report to the 1st respondent herein for further directions. Basing on the said enquiry report dated 15.11.2022 submitted by the 1st Respondent committee, the 3rd respondent by impugned proceedings dated 29.11.2022, expelled the petitioners herein from all hostels and college vehicles permanently with effect from 01.11.2022 and also rusticated from institution for one-year w.e.f. 01.11.2022.
e) Furthermore, one of the Preliminary Enquiry committee members viz., Sri. Rajanna, Viz., Professor of Life Stock Anatomy has been transferred to Warangal Veterinary College, as such without forming new committee, the enquiry was completed and the report is alleged to have been completed. The 3rd respondent herein before taking the decision for imposing of harsh punishment of rusticating the students from the college/ institution for a period of one year, ought to have given them an opportunity by providing them the copy of the report to prove their innocence. In the Enquiry report, they refer to several statements given by witnesses inclu
AI
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.
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.
Administrative actions lacking proper procedure and notice violate principles of natural justice, rendering them arbitrary and illegal.
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