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SUREPALLI NANDA
P. Abhilash – Appellant
Versus
P. V. Narasimha Rao Telangana Veterinary University – Respondent
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:
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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