COMMON ORDER:

The present writ petitions arise out of the same set of facts.

Therefore, the writ petitions are disposed of vide the following common order.

2. Heard Sri A.Venkatesh, Sri Pramod Singh and Smt.

Sowjanya Yadav, learned counsel for the petitioners and Smt. Megha Rani Agarwal, learned standing counsel appearing for University Grants Commission, learned Government Pleader for Higher Education and Sri P.S.S.Kailashnath, learned counsel appearing for ICFAI Foundation for Higher Education/ICFAI University. Perused the record.

3. For the sake of convenience, the description of the parties in the present order is according to W.P. No. 42467 of 2022. Facts of the case in W.P. No. 42467 and 42437 of 2022:-

4. The case involves suspension of Petitioners herein from Respondent No. 2 University (ICFAI University) on the alleged ground of misconduct and indiscipline. An alleged ragging incident took place in Respondent No. 2(cid:146)s campus wherein a first-year law student was assaulted by a group of senior students from the business management college of Respondent No. 2.

5. According to the Petitioners, they supported the student who was subjected to ragging by reporting the said incident to the authorities. Later, the victim of ragging filed a complaint with Shankarpally Police Station and on 11.11.2022, a crime bearing FIR No. 506 of 2022 was registered for the offences under Sections 307, 323, 450, 342 and 506 read with 149 of IPC, and Sections 4(i) 4(ii) 4(iii) of Telangana Prohibition of Ragging Act, 1997 against the people involved in the alleged ragging.

6. Subsequently, the father of one of the accused in FIR No. 506 of 2022 lodged a complaint against the Petitioners herein and the said complaint was registered as FIR No.508 of 2022 dated 12.11.2022 for the offences under Sections 342, 324 and 506 of IPC. In the said complaint, it is alleged that on 03.11.2022, the Petitioners herein physically assaulted and injured the complainant(cid:146)s son and his two friends.

7. Based on the registration of FIR No.508 of 2022, Respondent No. 2 issued orders of suspension dated 18.11.2022 under Rule 7 (iii)

r/w Rule 9 of the IFHE Students(cid:146) Conduct and Discipline Rules, 2019 (hereinafter referred to as (cid:145)Rules(cid:146)). Vide the said suspension orders, the Petitioners herein were immediately suspended from the class/ department/college/hostel/mess/library/lab and from availing any other facility until further notice. Therefore, the Petitioners have challenged suspension orders dated 18.11.2022 and sought that the same be set aside.

8. Contentions of the Petitioners: -

i. Respondent No. 2 is a deemed to be university under Section 3 of the University Grants Commission Act, 1956 (hereinafter (cid:145)the Act, 1956(cid:146)). It performs a public function of imparting education. Therefore, the present writ petitions are maintainable. Reliance was placed on Janet Jeyapaul v.

SRM University1.

ii. The Petitioners could not have been suspended on the ground of mere registration of FIR. Reliance was placed on Ankita Kailash Khandelwal v. State of Maharashtra2.

1(2015) 16 SCC 530. 2(2020) 10 SCC 670.

iii. The FIR against the Petitioners was registered as a counterblast to FIR registered against the accused of ragging in FIR No.

506 of 2022.

iv. Respondent No. 2 unilaterally suspended the Petitioners herein without following the principles of natural justice. No disciplinary committee under Part V of the Rules was constituted and no opportunity of hearing was granted. Reliance was placed on Board of Technical Education, U.P. v. Dhanwantri Kumar3,Board of High School & Intermediate Education v. Ghanshyam Das Gupta4 and Jiby P. Chacko v. Principal, Mediciti School of Nursing, Ghanpur, Ranga Reddy District5.

9. Contentions of Respondent No. 2 i. The present writ petitions are not maintainable as Respondent No. 2 is a private body and does not fall within the definition of (cid:145)State(cid:146) under Article 12 of the Constitution of India.

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