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Madras High Court · body

2015 DIGILAW 2090 (MAD)

K. Suthan v. The Manonmaniam Sundaranar University

2015-04-30

S.VAIDYANATHAN

body2015
Judgment 1. “My hope of the future lies in the youths of character, intelligent, renouncing all for the service of others, and obedient – good to themselves and the country at large." - Swami Vivekananda. This writ petition has been filed by the petitioner to quash the impugned order dated 30.10.2014 passed by the third respondent, suspending the student/petitioner from the college for his immoral activity with a consequential direction the respondents to allow him to write the sixth semester examination in III year MCA course in the respondent no.3, commencing from April, 2015. 2. The case of the petitioner in nutshell is as follows: i) The petitioner, who belongs to a Backward Class Community and is also a socially, economically and educationally marginalized family, is styding III year MCA course in the third respondent college, which is affiliated to the first respondent University. After completion of his schooling and UG Degree with first class, he joined the 3rd respondent college and so far passed all papers with distinction and he is the first generation literate of his family to enter the college premises. ii) It is submitted by the petitioner that in the meanwhile, the father of the petitioner has received a letter/impugned order in which it has been stated that the petitioner has been suspended from the college for his illegal activities, namely, entering his class room along with a girl and locking the door by himself. His father was asked to meet the Principal along with his son on 03.11.2014 at 12 noon in the Principal Office. It is further submitted by the petitioner that his name was erroneously implicated in the alleged immoral activities and in fact, his friend one Subash studying B.Com in Vivekananda College, Kanyakumari asked him to collect commerce books from his friend for his study. Therefore, he has approached his friend, who happens to be a female student, who had completed B.Com course before two years from the third respondent college. At her request to collect the books on the day of convocation i.e. 30.10.2014, he has received the old books from her at outside his class room. iii) It is his submission that the college authority, without receiving any complaint from the said female student, staff or other students of the college, issued such suspension order. At her request to collect the books on the day of convocation i.e. 30.10.2014, he has received the old books from her at outside his class room. iii) It is his submission that the college authority, without receiving any complaint from the said female student, staff or other students of the college, issued such suspension order. However, he voluntarily appeared before the third respondent and explained about the real facts and circumstances to prove his innocence, but the third respondent did not consider his plea and not allowed to enter the college. In the meanwhile, the third respondent has announced the examination for the sixth semester, which commences from April, 2015. However, his efforts to get the hall ticket from the third respondent have all ended in vain and he has full attendance and the last semester is only for project without any requirement of attendance. He has also paid the examination fee amount of Rs.2669/- to the third respondent for his sixth semester examination. Therefore, it is stated by the petitioner that the action of the third respondent suspending the petitioner from the college and non issuance of Hall Ticket without any valid reason is against the principle of natural justice and that the petitioner may lose his golden opportunity of entering the college institution from his family with socio economic disqualification. Hence, he prayed for setting aside the impugned order. 3. The respondents have not filed any counter and however, the third respondent has contended that it is only a suspension order and that that there was eye witnesses to the occurrence. On enquiry, the petitioner was found guilty and he has been subsequently dismissed from the college. Therefore, this writ petition challenging the suspension order is not maintainable inasmuch as the prayer sought in the writ petition has become infructuous due to his dismissal. The third respondent has stated that it has been established that the petitioner has taken a girl alone inside the classroom and locked the door and if stringent action is not taken, the name of the institution will be at stake in the eye of public. 4. In reply, the petitioner has stated that he has taken a girl inside the class room, who is an outsider and his senior studied in the college and he has not taken any other girl to the classroom studying in the college at present. 5. 4. In reply, the petitioner has stated that he has taken a girl inside the class room, who is an outsider and his senior studied in the college and he has not taken any other girl to the classroom studying in the college at present. 5. Heard the learned counsel on either side. 6. It is an admitted fact that it is only a suspension order and subsequently, he has been dismissed from the college. As rightly pointed out by the respondents, suspension order cannot be questioned and however, on enquiry, the averments of the college were proved beyond doubt with evidence, as a result of which, he was dismissed from service, which is not the subject matter of the writ petition. 7. The contention of the petitioner that the writ petition that is going to be filed challenging the dismissal order can be clubbed together along with this writ petition for hearing, cannot be accepted for the simple reason that after passing the dismissal order, no purpose would be served in keeping this writ petition pending, as the present impugned suspension order no longer exists and the same can also be decided in the writ petition to be filed against the order of dismissal. The next contention of the petitioner that the alleged victim girl has not lodged any complaint against the petitioner does not have legs to stand, because being a girl, she might not have come forward to give a complaint. The submission of the petitioner that the petitioner has taken a girl, who is a stranger and not studying in the third respondent college is vulnerable and absurd. 8. Opportunity is missed by most people because it is dressed in overalls and looks like work. The place, where education is imparted should be regarded as a Temple and teachers as Gods. As rightly said by Swami Vivekananda,supreme value of youth period is incalculable and indescribable, that youth life is the most precious life and that youth is the best time. Now a days, the impact of cinema/media is more on the younger generation and that some films have exerted an evil influence on many people. It is no doubt true that films, which show the activities of criminals have encouraged many youths to commit acts of crime. Now a days, the impact of cinema/media is more on the younger generation and that some films have exerted an evil influence on many people. It is no doubt true that films, which show the activities of criminals have encouraged many youths to commit acts of crime. Other films, too, such as those dealing with sex and other natural weaknesses of man, have corrupted the morals of many people. Though the advantages of media are omnipresent everywhere and cannot be overlooked and Media or Mass Media are the source of reaching a large audience in order to rely information, news or entertainment, as the touch of a button, click of amouse or simply a glimpse at the morning daily is enough to make available a host of opportunities to educate ourselves about some new aspect of the world, good things being telecast or published do not reach the mind of the public, especially youngsters, as the bad message travels faster than the genuine one thereby, TV, Cinemas, Dramas and other modern technologies, like cell phone convert itself to be the root cause for spoiling the life of a youth. The present case is the perfect example in that line. The whole India depends on deserving youngsters so as to achieve its mission of reaching the status of super power at least in 2020, as bawled by our former President A.P.J. Abdul Kalam. 9. Coming to the present case, as rightly pointed out by the learned counsel for the respondents, the order of suspension cannot be questioned or challenged and that the subsequent dismissal order is not the issue in the present petition. If this kind of activity is encouraged to happen in the college premises more particularly amongst students, it will definitely be a social menace and the entire society will be at peril. 10. In the result, this writ petition is dismissed as devoid of merits. No costs. Consequently, connected miscellaneous petitions are closed. 11. However, it is made clear that the observations made hereinabove are only for the purpose of disposal of this writ petition and in case the dismissal of the petitioner/student is questioned by way of another writ petition, the same shall be dealt with on its own merits without being influenced by this order.