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2025 Supreme(Telangana) 1631

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Mittapally Harsha – Appellant 
Versus
The State of Telangana – Respondent
Writ Petition No. 34082 of 2025
Decided On : 10-11-2025

Advocates:
Advocate Appeared:
For the Appellant : K.V.V. VEDANTHA CHARYA
For the Respondent: GP FOR HIGHER EDUCATION

Administrative actions lacking proper procedure and notice violate principles of natural justice, rendering them arbitrary and illegal.

Headnote:(A) Constitution of India - Articles 14, 19, 21, and 21A - Writ of Mandamus - Petition challenging rustication and expulsion from college and hostel - Order issued without proper enquiry and notice violating principles of natural justice - Petitioner entitled to relief to continue studies - Court directed consideration of petitioner's representation to allow examination participation (Paras 2, 3, 5, 12).

(B) Principles of Natural Justice - Violation of procedural fairness can render administrative actions arbitrary and illegal (Para 5).

(C) Education Rights - A student's right to education must be upheld against arbitrary disciplinary actions (Para 12).

Facts of the case:
The petitioner, a meritorious student, was expelled from college and hostel based on allegations of indiscipline and ragging during protests, although he did not participate. Procedures followed by the institution were questioned, as the committee's reports were inconsistent and failed to respect due process.

Findings of Court:
The petition was disposed of, directing the respondents to consider the representation made by the petitioner and to decide on allowing him to write exams, emphasizing adherence to principles of natural justice.

Issues: Whether the rustication order was legally justified and whether the petitioner was provided proper notice and an opportunity to respond.

Ratio Decidendi: The absence of adequate notice and failing to conduct a fair inquiry rendered the administrative actions against the petitioner arbitrary; thus, the court mandated reconsideration of the petitioner's situation in the interest of justice.

Result: Writ Petition disposed of.

Table of Content
1. petitioner's expulsion is contested. (Para 2 , 3)
2. discussion on procedural fairness. (Para 4 , 7 , 8)
3. argument against violation of natural justice. (Para 5 , 6 , 9)
4. court directs reconsideration of the expulsion. (Para 12)

ORDER :

1. Heard Sri K.V.Vedanta Charya, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education appearing on behalf of the respondent No.1 and Sri Malipeddi Srinivas Reddy, learned standing counsel for Osmania University appearing on behalf of the respondent Nos.2 & 3.

2. The petitioner approached the Court seeking amended prayer as under:

“…to issue an appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.4 by rusticating and expelling the Petitioner from the College and Hostel through impugned order Lr.No 866/NCA/2025, Dated 25/09/2025 and Transfer Certificate No.1396, Dated 25/08/2025 issued by 4th Respondent is illegal, arbitrary, unlawful and violation of Arts 14, 19, 21 and 21A of the Constitution of India and consequently set aside both the rustication order and transfer certificate and direct the Respondents to allow the Petitioner to continue studies and write examinations….”

3. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

It is specific case of the petitioner that the petitioner is a meritorious student presently pursuing B.Sc. (MECS) 3rd Year at Nizam College, affiliated to Osmania University, having successfully completed the first two years of his course without any adverse remarks or disciplinary issues. On 05.08.2025, about 200 hostel inmates protested before the Principal Block regarding hostel accommodation and related grievances. The petitioner submits that the petitioner did not participate in the said agitation, but was merely called by the College PRO and was subsequently falsely implicated in the incident. Thereafter, the 4th Respondent – Principal of the College – issued a rustication order vide Lr. No. 866/NCA/2025 dated 25.09.2025, expelling the petitioner from the college and hostel, and also issued Transfer Certificate No. 1396 dated 25.08.2025 containing remarks that he was involved in “Indiscipline Behaviour & Ragging.”

It is further the case of the petitioner that the said rustication order and the remarks in the Transfer Certificate are illegal, arbitrary, and fabricated, as no proper enquiry was conducted and the purported Anti-Ragging Committee report relied upon by the college is false and contradictory. The report mentions two different dates such as 02.08.2025 and 22.08.2025, raising serious doubts about its genuineness. Further, around 90 hostel students submitted a representation to the 4th Respondent on 15.09.2025 clarifying that no ragging incident had occurred and requested cancellation of the petitioner’s Transfer Certificate.

It is further the case of the petitioner that the petitioner approached the Registrar of Osmania University (3rd Respondent) on 10.09.2025 and later the Vice-Chancellor (2nd Respondent) on 19.09.2025, who advised the petitioner to give an undertaking that petitioner would not involve in protest activities; however, the 4th Respondent refused to reinstate the petitioner. The petitioner also filed a complaint before the Telangana Human Rights Commission on 30.10.2025 seeking appropriate relief. Meanwhile, the college scheduled the 5th Semester Practical Examinations from 10.11.2025 and theory examinations from 18.11.2025, for which the petitioner had already paid the examination fees on 07.11.2025, but however, in view of the impugned order of rustication issued by the 4th respondent, dated 25.09.2025, the petitioner is not in a position to appear for the exams. Hence, the petitioner filed the present Writ Petition.

4. PERUSED THE RECORD:

A. The order impugned Lr.No.866/

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