Md. Mustafa Ashraf Chennai v. Government of India Rep. By Its Secretary Ministry of Human Resource Development, New Delhi
2010-12-03
D.MURUGESAN, VINOD K.SHARMA
body2010
DigiLaw.ai
Judgment :- D. Murugesan, J. 1. Certain news item were published in dailies just few days prior to 19.01.2010 stating that among other education institutions / Universities, the 5th respondent University namely Saveetha Institute of Medical and Technical Sciences is also sought to be derecognised. On seeing the above news items, a section of the students of that University indulged in violence inside the college premises which led to the damage of the property of the University and some of the students had also gone to the extent of assaulting the teachers and staff. In view of the said incident, enquiries were initiated against almost 191 students, studying in various years in that college, by the 5th respondent University. 2. Firstly, W.P. No: 7860 of 2010 is taken up for consideration. Petitioners in this writ petition, three in number, had approached this Court on behalf of all those students against whom enquiries were initiated and sought for a declaration declaring that the disciplinary action by the 5th and 6th respondents against the students of the 5th respondents regarding the incident on 19.01.2010 consequent to the reports of cancellation of their “Deemed University” status is illegal and unconstitutional. They also prayed for a consequential direction to the respondents to accommodate the willing students of the 5th respondent in other colleges of the 7th respondent to complete their course, after directing the 5th respondent to transfer their fees to the 7th respondent. 3. Having noticed that the incident had occurred only in view of certain news item which created panic among the students undergoing these courses, this Court, by an order dated 19.04.2010, issued certain directions for the conduct of the examination for some of the students and permission to attend classes for some of the students. At that time, the learned Senior counsel appearing for the University submitted that the enquiry is over and that the report shall be filed. Such a report dated 12.04.2010 was filed before this Court by the 5th respondent University. Having noticed that report, this Court directed the University to call for the explanation from each of the students and to state the proposed punishment, if the explanation are nor satisfactory. Subsequently, the University filed an additional affidavit dated 29.10.2010 classifying the students involved in the incident on 19.01.2010 into three categories namely.
Having noticed that report, this Court directed the University to call for the explanation from each of the students and to state the proposed punishment, if the explanation are nor satisfactory. Subsequently, the University filed an additional affidavit dated 29.10.2010 classifying the students involved in the incident on 19.01.2010 into three categories namely. 1st category: Fine of Rs.3,000/- each was imposed as punishment for the charges framed against the students --- 106 students 2nd category: Fine of Rs. 25,000/- which was awarded to the delinquent students --- 69 students 3rd category: Expulsion from the college --- 16 students The University has also given three Annexures which is as follows: “ ANNEXURE – 1 LIST OF STUDENTS FINED Rs.3,000/-S.No. Name Year and Branch of the Course in Jan. 2010 1. Priyesh Kumar Shah II EEE 2. Arvind Raj Gaurav I ECE – A 3. Atul Dubey IV CSE 4. Krishnagiri II CSE 5. Abishek Kumar III EEE 6. Abishek Kumar III EEE 7. Anupam Kumar III EEE 8. Kaushalendra Kumar Patel III EEE 9. Dikinesh III EEE 10. Rajeev Kumar III CSE – A 11. Prathish R.K. Menon IV CSE 12. Manish Sharma IV CSE 13. Saket Ranjan II IT 14. Rishikesh Kumar III EEE 15. Shiv Shankar I ECE – A 16. Rishikesh Sahani II IT 17. Deepak Kumar II IT 18. Harish I CSE 19. Izar Mohakaram Mech – A 20. Himanshu Kumar Mech – A 21. Roshan Kumar Mech – B 22. K. Balaji IV IT 23. K.A. Mohammed Ruman Ali III IT 24. K. Arun Kesav II ECE 25. V.P. Silambarasan II IT 26. Vishal IV IT 27. Sanjay Chaudhary III CSE –B 28. Sonali II EEE 29. Kumar Parth III CSE –A 30. Balaram Dubey II CSE 31. Madan Bhusal III CSE A 32. Shankar Lal Yadav III CSE B 33. Chandan Kumar Sinha I ECE A 34. Aneshwar III ECE 35. Anoop III ECE 36. Manoj Kumar II IT 37. Samim Ansari III EEE 38. Manish Kumar I ECE A 39. Mada Vinay Kumar II CSE 40. Gowri Shankar II CSE 41. Prabhakar Kumar Prabat I ECE B 42. Praveen Kumar I Mech B 43. Vijay Kumar I Mech C 44. Mukund Krishna I ECE A 45. T. Bharath Kumar II CSE 46. Amit Karmakar II IT 47. Kumar Ravi Ranjan I ECE A 48. Krishnavardhan I ECE A 49.
Mada Vinay Kumar II CSE 40. Gowri Shankar II CSE 41. Prabhakar Kumar Prabat I ECE B 42. Praveen Kumar I Mech B 43. Vijay Kumar I Mech C 44. Mukund Krishna I ECE A 45. T. Bharath Kumar II CSE 46. Amit Karmakar II IT 47. Kumar Ravi Ranjan I ECE A 48. Krishnavardhan I ECE A 49. Bikrant Kumar Singh I ECE A 50. Vineet Singh II CSE 51. Sunil Kumar Sudhanshu I Mech C 52. Ashish Kumar I ECE A 53. Anurag Kumar I ECE A 54. Dhiraj Kumar II CSE A 55. Kumar Gaurav II EEE 56. Satyajit I ECE B 57. Gopal G I Mech A 58. Vinay Pratap Singh I ECE B 59. Sarvesh Kumar Singh I ECE B 60. Apuruvraj II IT 61. Farhan Anwar II IT 62. Md. Azharuddin II IT 63. Shashi Ranjan II IT 64. Sehab Nadeen II IT 65. Om Narayan I ECE B 66. Vikas Banti II IT 67. Neeraj Kumar II EEE 68. Ram Lakhan Singh II EEE 69. Alok Kumar II EEE 70. Deepu Kumar I CSE 71. Amit Kmar Parth I Mech A 72. Ashish Kumar I ECE A 73. Abhishek Kant Vats II EEE 74. Amit Kumar II EEE 75. Mukesh Kumar Singh III EEE 76. Deepak Varma II CSE 77. Abhimanyu Kumar I CSE 78. Pradip Kumar I Mech – B 79. Md. Rustam Ansari II EEE 80. Yogesh Kumar I ECE – B 81. Amit Kumar III EEE 82. Abhinab Kumar I Mech – C 83. Ausuman Maharana IV ECE 84. Md. Shahnawaz IV IT 85. Debabrata Behera IV CSE 86. Rajesh Kumar Sharma IV CE 87. Imran Khan IV CSE 88. Satyam I ECE B 89. Chandra Babu Koppalu II ECE 90. Vijay Mohan Reddy II ECE 91. Gowtham II EEE 92. S. Rajiv Anand IV IT 93. I. Tufale IV IT 94. K. Arun Kumar III CSE A 95. V. Sandesh III CSE B 96. L. Yokendran III CSE B 97. R. Gayathri III ECE 98. N. Mayuri III ECE 99. Shreya Jain III ECE 100. Simranjit Singh Walia III ECE 101. N. Jayesh Trivedi II ECE 102. K.J. Jeeson II IT 103. Anil Kumar II ECE 104. Thupili Bharath Kumar III ECE 105. Aditya Varma III CSE B 106. Azaghu Nagappan II ECE ANNEXURE – 2 LIST OF STUDENTS FINED Rs.
N. Mayuri III ECE 99. Shreya Jain III ECE 100. Simranjit Singh Walia III ECE 101. N. Jayesh Trivedi II ECE 102. K.J. Jeeson II IT 103. Anil Kumar II ECE 104. Thupili Bharath Kumar III ECE 105. Aditya Varma III CSE B 106. Azaghu Nagappan II ECE ANNEXURE – 2 LIST OF STUDENTS FINED Rs. 25,000/-S.No. Name Year and Branch of the Course in Jan. 2010 1. Mukesh Kumar II EEE 2. Pran Sowrabh I ECE –A 3. Akhand Raj II IT 4. Anitesh Kumar Gupta II IT 5. Rajesh Ranjan III ECE 6. Aman Kumar III ECE 7. Sitam Pradhan II IT 8. Gaurav Kumar II IT 9. Christopher Mech – A 10. K. Lavanya IV CSE 11. S. Lakshmi IV CSE 12. Nivethani IV CSE 13. Sheik Mohammed IV IT 14. R. Kishore Kumar III ECE 15. Afrin Zahid III ECE 16. V. Sathish Kumar II ECE 17. Ansuman Mishra IV CSE 18. Md. Qeyamaudin II EEE 19. Nizamuddin II EEE 20. Dipesh Karki II ECE 21. Vikas Kumar IV IT 22. Sourav Kumar II IT 23. Anoop Kumar II IT 24. Kumar Gaurav Pradhan II IT 25. Rajeev Ranjan III ECE 26. Sandeep Kumar Sahoo II CSE 27. Sudeep Padhi II EEE 28. Harish Anand II EEE 29. Sandeept Chatterjee II CSE B 30. Mukesh Kumar III EEE 31. Barath S.P. I Mech A 32. Amitesh Bharadwaj II EEE 33. Shakit Narayan II EEE 34. Vivek Kumar II EEE 35. Shankar Kumar II EEE 36. Gaurav Kumar II ECE 37. Bitan Chakravorthy I ECE B 38. Ravi Ranjan Singh I EEE 39. Ravi Ranjan I ECE B 40. A. Antony Fernando II EEE 41. Bipin Kumar I ECE A 42. Akash Praharaj IV ECE 43. Chandan Krishna IV ECE 44. Kumar Abhishek IV ECE 45. Kush Mukhi IV ECE 46. Md. Saud Alam I Mech B 47. Govind Kumar I EEE 48. Pratish Nandan I Mech C 49. Abhishek Kumar Singh I EEE 50. Abhijeet Kumar I Mech A 51. Amit Kumar I Mech C 52. Asif Ali I EEE 53. Kundan Kumar I EEE 54. Subhasish I CSE 55. Jaikanth Misra I Mech A 56. Sanjeev Ranjan I Mech B 57. Sourav Sumit I Mech B 58. Mrigendra Kumar I ECE A 59. Gopal Yadav I ECE A 60. Anuj Kumar I ECE A 61. Pawan Kumar Singh I ECE B 62.
Asif Ali I EEE 53. Kundan Kumar I EEE 54. Subhasish I CSE 55. Jaikanth Misra I Mech A 56. Sanjeev Ranjan I Mech B 57. Sourav Sumit I Mech B 58. Mrigendra Kumar I ECE A 59. Gopal Yadav I ECE A 60. Anuj Kumar I ECE A 61. Pawan Kumar Singh I ECE B 62. Harshendra Acharya I ECE B 63. Gaurav Singh I CSE 64. Bashist Kumar I CSE 65. Rajeev Ranjan Kumar I ECE B 66. Syeda Nasrin Ahmed I EEE 67. Kumar Gaurav I EEE 68. Manmohan Kumar I Mech B 69. Madhukar Kumar I ECE A ANNEXURE – 3 LIST OF STUDENTS PROPOSED TO BE EXPELLED S.No. Name Year and Branch of the Course in Jan. 2010 1. Price Kumar I Mech – B 2. Niraj Kumar Prasad I Mech - B 3. Rahul Kumar I Mech – B 4. Brijesh Kumar I ECE – A 5. Md. Mustafa Ashraf IV ECE 6. Geo Joseph I Mech – A 7. Alok Gautam III EEE 8. Shailesh Kumar Pandey I ECE – B 9. Rahul Raj I Mech – C 10. Milind Kumar II IT 11. Ashutosh Kumar Pandey III EEE 12. Sudheer Kumar III ECE 13. Anish Kumar I ECE – A 14. Abhishek Kumar I ECE – A 15. Chandan Kumar Singh III CSE 16. Abhishek Tiwari III CSE - A 4. Mr. R. Muthukumarasamy, learned Senior counsel appearing for the respondent Saveetha University would submit that though the University intends to take severe action against those students whose names are shown in the annexures 1 to 3, having regard to the fact that most of the students are outstation students and particularly coming from the State of Bihar, even in respect of students whose names are shown in annexure 1 and 2, the fine amount is reduced to Rs.3,000/- and Rs.25,000/- each respectively. He would further submit that out of 16 students whose names are shown in annexure 3, enquiry report in report of those students shown in S1. Nos. 2, 5, 10, 11, 12 and 15 reveals that these students have indulged not only in damaging the property but they have also assaulted the teachers and staff and, therefore, the University is proposing to take severe action.
Nos. 2, 5, 10, 11, 12 and 15 reveals that these students have indulged not only in damaging the property but they have also assaulted the teachers and staff and, therefore, the University is proposing to take severe action. Rest of the 10 students whose names are shown in the annexure is concerned, learned Senior Counsel would submit that the University is proposing to impose a sum of Rs. 30,000/- as fine. 5. On the above affidavit and as to the nature of the fine and proposed action to be taken, we have heard Ms. R. Vaigai, learned counsel appearing for the petitioners. She would submit that there is no objection for imposition of fine in respect of those students whose names are found in annexure I and II. Learned counsel would further submit that she has no objection for the University imposing a fine of Rs. 30,000/- on those 10 students whose names are shown in Annexure III. As far as the remaining six students are concerned she would request this Court to take a sympathetic view and treat them on par with the other 10 students. 6. We have carefully considered the above submissions. As the issue is narrow down only in respect of imposition of fine, we are not dealing elaborately with the question as to whether the petitioner can question the enquiry proceedings or not and that too when the enquiry was initiated by the University to maintain discipline in the educational institutions. Similarly, the question as to whether the enquiry is contemplated for any valid reason or not also need not be gone into. 7. Ms. R. Vaigai, learned counsel would submit that though the writ petition is filed only by three of the students, she is appearing for all the students whose names are shown in Annexure I to III and this order shall govern all the students and all the students will comply with the directions. In view of the above submissions, we dispose of W.P. No. 7860 of 2008 with a direction to the students, whose names are shown in Annexure I, to pay a sum of Rs. 3,000/- each as fine. Likewise, we direct those students whose names are shown in Annexure II to pay a sum of Rs. 25,000/-each as fine.
In view of the above submissions, we dispose of W.P. No. 7860 of 2008 with a direction to the students, whose names are shown in Annexure I, to pay a sum of Rs. 3,000/- each as fine. Likewise, we direct those students whose names are shown in Annexure II to pay a sum of Rs. 25,000/-each as fine. We further direct those 10 students whose names are shown in Annexure III and those students which we have referred in the earlier portion of the order to pay a fine of Es. 30,000/-. On such payment the University would allow each of the student to continue and complete their respective courses or be allowed to take up their examinations and those students who have already completed the course must be issued with the necessary certificates. Along with the payment of fine, each student shall file an affidavit stating that they will not indulge in similar activities in the educational institution hereafter and that they will maintain utmost discipline. In so far as the remaining six students are concerned, it is open to the respondents University to proceed with the enquiry and deal with them separately in accordance with law. If any punishment is imposed on those students, it would be open to those students to question the same before the appropriate forum in accordance with law. Lastly, we make it clear that the payment of fine by each of the students shall not be treated as a stigma for their future career and this order shall not be treated as aproproval of the enquiry report by this court. 8. W.P. No: 14036 of 2010 is filed by one of the student whose name is found in Annexure II and W.P. No: 21260 of 2010 is also filed by another student whose name is found in Annexure II. Since the order passed by us in W.P. No: 7860 of 2010 covers the relief sought for in these two writ petitions, we are not passing separate orders in these two writ petitions and both these writ petitions shall stand disposed of in terms of the order passed in W.P. No: 7860 of 2010. 9. M.P. Nos: 8 and 9 of 2010 is filed by some of the individual students, through counsel Mr. S.M. Loganathan and Mr. R. Anbukarasu to implead those petitioners as party respondents in W.P. No: 7860 of 2010.
9. M.P. Nos: 8 and 9 of 2010 is filed by some of the individual students, through counsel Mr. S.M. Loganathan and Mr. R. Anbukarasu to implead those petitioners as party respondents in W.P. No: 7860 of 2010. As our earlier order passed by us in W.P. No: 7860 of 2010 would cover these students also, there is no question of issuing any further direction in these miscellaneous petitions and accordingly, these petitions are closed. Other connected miscellaneous petitions are also closed.