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2023 Supreme(Online)(Kar) 34500

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2023 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5933 OF 2023 (EDN-RES)

BETWEEN: BHAVANA P D/O MURALIKRISHNA AGED 21 YEARS RA/T NO 5112, SRI VISHNU APARTMENT YESHWANTH NAGAR

4TH CROSS, 2ND MAIN ROAD MADAMBAKKAM, KANCHEEPURAM TAMIL NADU-600126 …PETITIONER (BY SRI. SHATHABISH SHIVANNA, ADVOCATE)

AND:

1. STATE OF KARNATAKA Digitally signed by REP BY ADDL. CHIEF SECRETARY ALBHAGYA DEPARTMENT OF HIGHER EDUCATION Location:

GOVERNMENT OF KARNATAKA HIGH COURT OF ACS ESTABLISHMENT, 2ND GATE, 6TH FLOOR KARNATAKA MS BUILDING, BANGALORE-560001

2. CHRIST ACADEMY INSTITUTE OF LAW REP BY ITS PRINCIPAL CHIRST NAGAR, HULLAHALLI BEGUR, KOPPA ROAD SAKKALAWARA POST BENGALURU-560083

3. THE DIRECTOR OF COLLEGIATE EDUCATION DR AMBEDKAR ROAD SAMAPANGI RAMA NAGAR BENGALURU-560001 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R1 & R3 (MA NOT FILED); SMT.VEENA.J.KAMATH, ADVOCATE FOR SRI.K.G.KAMATH, ADVOCATE FOR R2 (VK FILED A/W O/B) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE LETTER OF DISMISSAL DTD 07.02.2023 ISSUED BY THE R-2 WHEREBY THE PETITIONER WAS DISMISSED FROM CHRIST ACADEMY INSTITUTE OF LAW, BENGALURU ON THE BASIS OF THE REPOST SUBMITTED BY THE DISCIPLINARY COMMITTEE AND ENDORSED BY THE PRINCIPAL PRODUCED AS ANNX-A AS BEING ARBITRARY, WHOLLY UNREASONABLE, AGAINST THE PRINCIPLE OF NATURAL JUSTICE, CONTRARY TO LAW AND SMACKED WITH LEGAL AND FACTUAL MALAFIDES.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The captioned writ petition is filed by the petitioner who is a law student studying in respondent No.2-College feeling aggrieved by the letter of dismissal dated 7.2.2023 issued by respondent No.2-college whereby the petitioner is dismissed by respondent No.2- college on the basis of the report submitted by the disciplinary committee and endorsed by the Principal vide Annexure-A.

2. Pending consideration of this writ petition, this Court vide order dated 5.6.2023 had directed the learned counsel for the petitioner to keep the petitioner present equally, the learned counsel for respondent No.2 was directed to keep the Principal present before this Court. After several deliberations, this Court having issued a stern warning to the petitioner called upon the petitioner to give an appropriate undertaking that she will not indulge in similar activities which would bring bad name to the respondent No.2-college.

3. In compliance of the directions issued by this Court, the petitioner has filed a memo of undertaking which reads as under:

"1. That I Bhavana P, am a student of Christ Academy Institute of Law with registration ID No. BAL20023. That I am currently pursuing a five-year integrated course of BA LL.B., and belong to the batch of 2020-2025. That I am presently pursuing my 6th semester.

2. That I was dismissed from the Institute vide letter dated 07.03.2023 on the basis of the report submitted by the Disciplinary committee that was subsequently endorsed by the Principal. The root cause leading to my dismissal was the Instagram story that I had put up on my private social media handle on 28.01.2023, wherein I had expressed certain difficulties or grievances that I witnessed at the institute.

3. That I challenged the said letter of dismissal in the above writ. However, I am providing this undertaking to express my unequivocal apology to the institute and its members and staff. I furnish this undertaking with utmost regret and dismay to extend for my negligent and misleading Instagram story dated 28.01.23. That I didn't realize the grave implications and consequences that my Instagram story would have, and I express my deepest regret and also furnish an unconditional apology for the same.

4. That my Instagram story only lasted for 24hours on the social media platform and it stands deleted on the very same day. I respectfully submit that the contents of my story have been revoked automatically and cease to exist on Instagram or any other social media platform. I respectfully submit that I have not indulged in any action to circulate the said contents anywhere, either online or offline.

5. That the institute has offered few of the best faculties, to enhance my knowledge, and it was my obligation to do the bare minimum - be respectful, which I miserably failed to do so. Words can't describe how sorry I feel for bad-mouthing the very wise people who instilled the legal knowledge I carry.

6. That the institute has always helped me shape my skills and mold my personality, however I wasn't grateful enough to recognise all the privileges I had. The faculties were always available to help, and to clarify all the doubts I've ever raised, and they still continue doing so without any bias against me. That I am very grateful for the same. It has been a place where I've grown and been a better person. It has given me the most prominent life skill-knowledge. It has given me the opportunity to grow and excel. I now stand in a realization which enables me to look through all the opaque layers of hatred I carried against the institute due to my very own unreasonable causes.

7. That I acknowledge that in the event of my personal involvement in any such activities in the future, I will subject myself to any kind of imposition from the institute. That I further assure to never attempt to tarnish the institutes well-built reputation. I shall only carry on with my academic activities and focus on my education.

8. That I have been a part of Christ Academy In

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