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2013 DIGILAW 899 (JHR)

Umang Mehta v. Indian School of Mines, Dhanbad

2013-07-24

APARESH KUMAR SINGH

body2013
ORDER 1. The petitioners who were students of final year B.Tech. Mining Engineering and B.Tech Mineral Engineering, were imposed with a punishment of suspension from all academic activities for current Monsoon Semester, Session 2012-13 and were debarred from all hostel facilities during the period of suspension by the impugned order dated 31st October, 2012 (Annexure-3). 2. The petitioners had approached this Court being aggrieved by the said order and during the pendency of the writ application by virtue of interim orders dated 8th November, 2012, 22nd February, 2013 and 23rd April, 2013 were allowed to participate in the VIIth & VIIIth Semester Examinations provisionally subject to the result of the writ application. 3. The Respondents-Institute had appeared earlier and by filing counter affidavit seriously contested the stand of these petitioners relating to the question of imposition of the aforesaid sentence on the grounds that in order to maintain academic discipline in the campus of the Institute such punishment was wholly proper and has been imposed after proper inquiry and as per the Rules. 4. These petitioners after completion of the course, are awaiting decision in the instant writ application as their final results of VIIth & VIIIth Semester are still withheld and they may be required to face the Special Semester Examination which is scheduled to be held from 19th August, 2013. 5. The allegations against these petitioners were that they had consumed alcohol and had also repeated their misconduct despite their undertaking submitted by themselves and their parents earlier. 6. The matter was inquired through Inquiry Committee comprising of Professor, M. Jawed, HOD/Mining Engineering; three other faculty members being HOD(MS); CHW i.e. members of the rank of Professor as also wardens of the two hostels. They were called to appear before the Committee and submitted their written statements. The Committee also took into account the written statements of other students and thereafter a report was submitted to the Head of the Institute on 23rd August, 2012, finding them guilty of alleged charges. These petitioners have, however, sought to deny the same. 7. From perusal of the report, it appears that the committee sat on more than one occasion and also took into account the different versions as reported by other students including the petitioners. The committee recorded its finding that all students except Veeresh Tiwari have accepted to have consumed alcohol. These petitioners have, however, sought to deny the same. 7. From perusal of the report, it appears that the committee sat on more than one occasion and also took into account the different versions as reported by other students including the petitioners. The committee recorded its finding that all students except Veeresh Tiwari have accepted to have consumed alcohol. The committee found these two petitioners along with few others guilty of violating Rules 5, 18 and 19 of the General Rules for observation by the Hostel Residents. The committee suggested measures to curb such incidents in hostel. In respect of these two petitioners including another girl, it suggested disciplinary action to expel them from all academic activities of the school and hostel for at least one semester beginning July, 2012. It also took into account the previous history of consumption of alcohol by these petitioners and the fact that they were fined Rs. 5000/ each by dean of Institute vide letter dated 8th November, 2012. They had also submitted undertakings in the form of affidavit which they have obviously violated. Different punishments were also recommended for other students such as expulsion for 15 days from all activities of the school and hostel against two other students i.e. Mohit Krishna and Anup Kumar. Fine was imposed upon two other students, namely, Shri Saurabh Mehta and Shri Veeresh Tripathy. The petitioners, in their turn, have, however, claimed innocence relating to the incidence which however does not appear to be correct from perusal of the materials on record and the inquiry report. It appears that committee had come to a conclusion upon different version of students as also certain video clip of the students that these students had consumed alcohol outside the campus and had returned in a drunken state to the Institute. These acts on the part of the petitioners found during internal inquiry duly conducted through a duly constituted committee of the Institute after giving due opportunity to the petitioners and others to file their written statements, however, reflects acts of serious indiscipline in the campus. The management of the Institute, therefore, in the circumstances, had to take exemplary step against such students including the petitioners, so that incidences do not occur in future and further academic discipline is restored in the Institute which had seen such incidences in past also. 8. The management of the Institute, therefore, in the circumstances, had to take exemplary step against such students including the petitioners, so that incidences do not occur in future and further academic discipline is restored in the Institute which had seen such incidences in past also. 8. In view of the prescription of law laid down by Hon'ble Supreme Court so far as interference in the matter relating to academic discipline of Institute is concerned, this Court is not inclined to interfere in the finding of the inquiry committee where these petitioners and others have been found guilty of certain serious indiscipline and misconduct in the campus of the Institute and also violation of Rules. 9. However, after hearing the learned counsel for the parties at some length, this Court is of the opinion that the petitioners are also young graduate students of Institute having pursued course like bachelor of engineering and have long future career and life ahead of them and their future career prospects may not suffer for such indiscreet acts committed by them during some period of their tenure in their Institute. The punishment imposed by the Institute may have the effect of delaying the career of these students by more than one year and also other future prospects in their life. In such circumstances, these petitioners were given liberty to come out with their response on the question whether they are willing to devote some volunteer service with any Nongovernmental Organization or Institution so that they can undergo some penitence and also realize their mistakes committed by them. On this, the petitioners have responded positively by volunteering to offer their services in any Nongovernmental Organization of repute, as the court may direct in such circumstances. 10. In exercise of the extra ordinary powers under writ jurisdiction, this Court is of the opinion that in order to give opportunity to these petitioners to reform themselves and realize their mistakes they should devote at least two and half months time in service of needy and deprived people under a Nongovernmental Organization of repute. Such Institute and Nongovernmental Organization exist and are working with devotion in the city of Ranchi as well. Such Institute and Nongovernmental Organization exist and are working with devotion in the city of Ranchi as well. In the circumstances, in order to enable these petitioners to reform themselves and to realize their mistakes by undergoing such penitence, they shall render voluntary service in the Non-governmental Organization i.e. Deep Shikha, Institute for Child Development and Mental Health, Teji Devi Charitable Trust Complex, Opposite Aara Gate, Railway Crossing Tatisilwai Road, Namkum, Ranchi 834 001 (Jharkhand), which is engaged in the welfare of children and that too special children who suffer from various mental disabilities. The petitioners' shall report to the Institute within one week from today and shall render their services as per the routine set by the Director of the Institute over a period of around two and a half months to be completed by 15th October, 2013. In such circumstances, if the petitioners undertake such voluntary services, before Nongovernmental Organization i.e. Deep Shikha for the period indicated hereinabove and submit a certificate from the organization to that effect, the punishment imposed by the Institute which is impugned herein, shall have no effect upon their career. The punishment imposed by the Institute shall also not carry any stigma on future career of the petitioners'. In order to ensure that these exemplary reformative act on the part of the petitioners also acts as a lesson upon rest of the students of the Institute, the gist of the order of this Court in proper form shall be displayed on the Notice Board and Web Site of the Institute over a period of time as per the decision of the Director of the Respondent-Institute. 11. In view of the reasons recorded hereinabove and the directions contained therein, now the Institute shall declare result of the petitioners for VIIth & VIIIth Semester Exams. They would also be allowed to fill up forms for the special Semester Exam which is scheduled to be held from 19th August, 2013. The Respondent-Institute would allow them to undertake the special exam and for that purpose Deep Sikha would also allow them leave for the period of the said examination. The petitioners shall after completion of their tenure of their voluntary services in Deep Sikha produce certificate of completion before the Respondent-Institute as also bring it to the notice of the Court by filing an affidavit to that effect. The writ petition is accordingly disposed of. The petitioners shall after completion of their tenure of their voluntary services in Deep Sikha produce certificate of completion before the Respondent-Institute as also bring it to the notice of the Court by filing an affidavit to that effect. The writ petition is accordingly disposed of. Consequently, the I.A. No. 2948 of 2013 also stands disposed of. Petition disposed of.