M. Ganesan v. Regional Joint Director, Regional Directorate of Collegiate Education, Madurai
2019-08-13
R.SURESH KUMAR
body2019
DigiLaw.ai
JUDGMENT : 1. The prayer in the writ petition is for issuance of a writ of Mandamus to direct the fourth respondent to allow the petitioners to continue 3rd year B.Sc., Computer Science course at Devangar Arts College (Autonomous), Aruppukottai, Virudhunagar District by receiving fees from the petitioners for 3rd year B.Sc. Computer Science course. 2. The necessary facts, which are required to be noticed for the disposal of this writ petition, are as follows: That these petitioners are the students of the fourth respondent College in the third year B.Sc., (Computer Science) course. During the second year, at 4th semester, on 07.01.2019, these petitioners, while attending classes, especially, when they were taken to the Computer Science Laboratory by the Assistant Professor/Lecturer concerned of the fourth respondent College, the Lecturer found that, these petitioners had been in the influence of alcohol and with that influence, they attended the classes/computer lab and therefore, on noticing the same and found that, they had been in the said influence, the Assistant Professor/Lecturer enquired these petitioners. On such enquiry, they had admitted their action, as they had consumed alcohol in a Birthday Party of one of the friend of these petitioners and with that influence, they attended the classes. 2.1. In view of the said incident, the Lecturer/Assistant Professor concerned reported the matter to the Head of the Department, who, in turn, reported to the fourth respondent, ie., the Principal of the College. Thereafter, it seems that, an enquiry was conducted by the Disciplinary Committee formed in this regard by the fourth respondent, where, the Disciplinary Committee, on 01.02.2019, unanimously resolved to recommend to the College Management to issue Transfer Certificates to all these petitioners, for having admittedly consumed alcohol and attended the class. 2.2.
Thereafter, it seems that, an enquiry was conducted by the Disciplinary Committee formed in this regard by the fourth respondent, where, the Disciplinary Committee, on 01.02.2019, unanimously resolved to recommend to the College Management to issue Transfer Certificates to all these petitioners, for having admittedly consumed alcohol and attended the class. 2.2. Though such a decision had been taken by the Disciplinary Committee of the College, after coming to know the said decision taken by the Disciplinary Committee, it seems that, the petitioners as well as the their parents approached the fourth respondent and made request to review the said decision taken by the Disciplinary Committee, accordingly, the Disciplinary Committee, in a subsequent meeting, decided to review the said decision taken in the Disciplinary Committee meeting on 01.02.2019 to the extent that, instead of giving the Transfer Certificate to these petitioners, they can be permitted to write the fourth semester examination in April 2019 and thereafter, Transfer Certificates would be given, so as to enable these petitioners to go and join in any other College from fifth semester onwards, ie., in current academic year 2019-20. 2.3. Accordingly, the petitioners have written the fourth semester examination and after summer vacation, when the academic year 2019-20 starts from June 2019 onwards, the petitioners surprisingly received communication from the College Management stating that, the petitioners shall pay the College fee for the year 2019-20 on or before 28.06.2019. In view of the said communication issued by the fourth respondent College, when the petitioners with their parents approached the College Management to pay the fee, it was refused to receive and they have further claimed to have stated that, the College Management inadvertently issued the communication to the petitioners to pay the fee for the academic year 2019-20, without taking note of the decision taken by the Disciplinary Committee to issue Transfer Certificates to these petitioners from 5th Semester onwards and therefore, the fourth respondent, in order to stick on their reviewed decision of the Disciplinary Committee to give Transfer Certificate to the petitioners, after completing the fourth semester, ie., from fifth semester onwards, refused to receive the fee from these petitioners and consequently, the petitioners could not attend the classes from the fifth semester at the fourth respondent College. Therefore, at this juncture only, these petitioners have come out with this writ petition with the aforesaid prayer. 3.
Therefore, at this juncture only, these petitioners have come out with this writ petition with the aforesaid prayer. 3. On notice, the fourth respondent, being the only contesting respondent, has filed counter affidavit and relying upon the averments made in the said counter affidavit, the learned counsel for the fourth respondent, submitted that, it is an admitted case on the part of the petitioners that, they had, with the influence of alcohol, attended the classes on 07.01.2019 and they were caught red-handed by the concerned Assistant Professor/Lecturer and accordingly, a preliminary enquiry was conducted, where, all these petitioners unanimously accepted their guilt by giving separate acceptance letters and tendered unconditional apology also and thereafter the matter has been referred to the Disciplinary Committee, which, initially by its minutes dated 01.02.2019, decided to give Transfer Certificates to all these petitioners, without allowing them to continue the fourth semester or to write the fourth semester examination, however, on the subsequent fervent request made by the petitioners and their parents, the said decision taken by the Disciplinary Committee has subsequently been reviewed and a further decision was taken on 21.02.2019 by the Disciplinary committee to allow the petitioners to write the fourth semester in April 2019 and thereafter to give Transfer Certificate to them enabling them to join in any other College in the fifth semester, ie., in the academic year 2019-20. 4. He would further submit that, since these factors are uncontroverted, as admittedly the petitioners have been guilty of the said violation of the rules of the College, they cannot make any plea now before this Court. 5. In this regard, the learned counsel for the fourth respondent has pointed out the rules and regulations of the College, as printed in the College Calendar, where, under the heading “Rules and Regulations, in the sub heading, “Behaviour” Clause No.12, reads thus: “12. Students found using drugs or liquor will be dismissed from the College.” 6.
5. In this regard, the learned counsel for the fourth respondent has pointed out the rules and regulations of the College, as printed in the College Calendar, where, under the heading “Rules and Regulations, in the sub heading, “Behaviour” Clause No.12, reads thus: “12. Students found using drugs or liquor will be dismissed from the College.” 6. Since the students, who are found using drugs or liquor, will be dismissed from the College and these students, since admittedly, used the liquor and with influence of alcohol only, they attended the classes and they were found and caught red-handed by the Lecturer concerned and their guilt have been accepted by giving letter to the fourth respondent College, though the authority has got every right to take such disciplinary action against the petitioners by dismissing them from the College, instead of inflicting such major punishment on the petitioners, the College, on the request of the petitioners and their parents, decided to issue Transfer Certificates to the petitioners enabling them to join in some other College, therefore, the said decision cannot be found fault with. 7. The learned counsel for the fourth respondent also submitted that, without noticing the said decision of the Disciplinary Committee as well the College Management of the fourth respondent, in a routine manner, the communication to pay the fee had been generated and sent to the petitioners also along with other students. Therefore, the said communication inadvertently made by the College Management cannot be taken as advantage of the petitioners and on that strength the petitioners cannot seek any indulgence of this Court. 8. I have also heard the other learned counsel for the respondents 1, 2 and 3 and they submitted that, since it is purely a disciplinary action between the fourth respondent College and the petitioners students, their role is very limited. 9. I have considered the said submissions made by the learned respective counsel for the parties and also perused the materials placed before this Court. 10. Insofar as the said incident dated 07.01.2019 is concerned, there is no controversy on the said fact, as in the very affidavit filed in support of this writ petition filed by the first petitioner, who filed the said affidavit on behalf of the other petitioners also, he has stated the following: “3.
10. Insofar as the said incident dated 07.01.2019 is concerned, there is no controversy on the said fact, as in the very affidavit filed in support of this writ petition filed by the first petitioner, who filed the said affidavit on behalf of the other petitioners also, he has stated the following: “3. We submit that in the month of January 2019, one of our friend birthday party, he provided us lunch and also on that day, he compelled us all of to consume Beer stating that it will not known to others and without consequences of that all of them had gone to college and during class hours one of our Professor found out that because of smell. Therefore, on that day we apologise to the 4th respondent and in that regard all of them submitted an apology letter to the 4th respondent. Thereafter we were allowed to continue 2nd year and also wrote 2nd year examination.” 11. That apart, each of the petitioner, on the said day, ie., on 07.01.2019, after the said incident, has given written apology letter admitting their guilt and as a sample, letters given by the first and 7th petitioners, are extracted hereunder: “TAMIL” sd/- ” “Respected Madam, I disrespected College rules having coming to College drunken. I accept my mistake and I apologize for the mistake madam and I will not repeat this mistake next time. So, please forgive for my mistake, madam. Yours respectively, sd/-” 12. Therefore, the aforesaid averment made by the petitioners themselves in their affidavit as well as in their letter of admission of their guilt given individually by each of the petitioner to the fourth respondent College clearly disclose the fact that, the petitioners had involved in such incident, where they, after having consumed alcohol, attended the College/classes. 13. In this context, the regulation of the College, especially, regulation No.12, as has been extracted above, makes it clear that, the students found using drugs or liquor will be dismissed from the College. Therefore, as per the regulation of the College, if the students found consuming liquor and attend the College, can very well be punished by way of dismissal from the College and in this context, the action taken by the respondent College, through their disciplinary Committee, after having enquired the petitioners, cannot be found fault with. 14.
Therefore, as per the regulation of the College, if the students found consuming liquor and attend the College, can very well be punished by way of dismissal from the College and in this context, the action taken by the respondent College, through their disciplinary Committee, after having enquired the petitioners, cannot be found fault with. 14. Though initially on 01.02.2019, the Disciplinary Committee recommended for issuance of Transfer Certificates to these petitioners, subsequently, the said decision was reviewed on 21.02.2019 at the behest of the parents of the petitioners and accordingly, the College took a reviewed decision, thereby, the students were directed to write the fourth semester examination in April 2019 and thereafter Transfer Certificates would be issued to each of these petitioner, enabling them to join in the fifth semester in some other College, according to their choice. This decision taken by the College Management have been examined by this Court and in view of the facts and circumstances, as the guilt of the petitioners had already been accepted by the petitioners themselves and the College regulation is also very clear to that effect, this Court cannot found fault with the decision taken by the College Management to give Transfer Certificate to these petitioners. 15. However, after the said decision had been taken, the fourth respondent College sent communications to each of the petitioners individually, some time in June 2019 directing the petitioners to pay the College fee for the year 2019-20, where, the last date for paying the fees has been mentioned apart from the date of the opening of the College. One sample order/communication sent by the fourth respondent to the students, ie., the petitioners is extracted hereunder: “TAMIL” 16. When these communications have been usefully relied upon by the petitioners, the learned counsel for the fourth respondent relying upon the counter affidavit by the fourth respondent submitted that, the said communications, as a routine procedure, had been sent by the College to all the students, including the petitioners and before such communication sent, the College Management did not verify the fact that, the disciplinary action has been taken against these petitioners and without verifying the same, purely due to inadvertence, such communications had been sent to the petitioners.
Therefore, the same cannot be taken advantage by the petitioners and merely because of the communications having been sent by the fourth respondent, it cannot be construed that, the College Management has condoned the disciplinary action taken against the petitioners in February 2019 deciding that, the petitioners shall be given Transfer Certificates at the end of the fourth semester. 17. I have bestowed my considerations on these factual matrix of the case, as projected by both sides. 18. Absolutely, there is no doubt about the said incident taken place on 07.01.2019, since the guilt of the petitioners had been accepted by themselves in their very affidavit and also by separate apology letters submitted by the each of the petitioners to the fourth respondent College. 19. Like that, the College regulation also makes it clear that, any student found using drugs or liquor will be dismissed from the College. 20. Here, in the case in hand, it is not the case against the petitioners that, they used any Narcotic Drugs or Psychotropic substances. No doubt, the petitioners had used alcohol and with the influence of the alcohol, they did attend the classes. This guilt on the part of the petitioners cannot be easily brushed aside or condoned. At the same time, if the petitioners have been sent out abruptly at the third year of the U.G. Degree course, two consequences would be possible; (1) Firstly, the students may not get admission in any other institution at the third year, that too, after knowing the fact that, the students have been sent out by the fourth respondent College, pursuant to the disciplinary action taken on the aforesaid incident; (2) Secondly, if the students sent to some other institution, where also, if these petitioners are admitted without knowing the aforesaid incident, there is no guarantee that, the students would not re-do the same mistake and in that case, the very same fate has to be faced by these students, ie., the petitioners. 21. Therefore, instead of driving the petitioners to face any of these consequences, if the students are ready and willing to continue their course at the fourth respondent College, with utmost care diligence and dignity and in this context, if the students mend their way by correcting themselves, after realising the mistake committed by them, a chance can be given to the petitioners. 22.
22. In this context, the learned counsel for the petitioners has made a fervent appeal to this Court that, the petitioners have already realised their mistakes and in order to further realise their mistake and to mend their way throughout their career and their life, whatever positive measures can be suggested by this Court, the petitioners are ready and willing to take it and follow it scrupulously. 23. In conformity with the said submissions made by the learned counsel for the petitioners, all the petitioners appeared before this Court voluntarily and expressed their desire to lead a disciplined life, especially, during their college days. 24. Normally, if the guilt is proved, punishment is inevitable and once punishment is inflicted on the proven guilt, Courts cannot find it that, such inflicting of punishment is unsustainable or unacceptable. 25. But, at the same time, it is to be noted that the very basis of inflicting punishment on erring person is mainly on four principles, namely, (1) Theory of Reformation, (2) Theory of Prevention (3) Theory of Retributivism and (4) Theory of Deterrent. 26. If a punishment is inflicted on an erring person, it must be deterrent for that guilty person, so that the same mistake would not occur from him and also at the same time, the punishment must be to some extent reformative in nature. In other words, if a punishment is inflicted on a guilty person, such punishment must be in the nature of reforming a person, who has been inflicted with the punishment. 27. Here, in the case in hand, these petitioners are at their very young age between 19 and 21 and they have completed two years of their U.G. Degree course and still one more year is left. 28. At this juncture, if their education is hindered, the full career of the students would get affected. 29. Moreover, as per the averments made by these petitioners in the affidavit, they belong to very humble and simple families, as the parents of these petitioners, according to their claim, are the coolies. 30. Therefore, the hard earned money of the parents of the petitioners had been spent for all these years, as that only made these petitioners to reach the level of College students, where also, they completed 2/3rd of their U.G.degree. 31.
30. Therefore, the hard earned money of the parents of the petitioners had been spent for all these years, as that only made these petitioners to reach the level of College students, where also, they completed 2/3rd of their U.G.degree. 31. At this juncture, if the students' education is affected, because of their objectionable act, which had taken place on 07.01.2019, there may be a chance that, the career of these students would also get affected, if the punishment imposed by the fourth respondent College is inflicted and implemented against the petitioners. Hence, this Court wants to find a pragmatic solution to the issue to meet the ends of justice. 32. In this context, this Court also wants to remind the petitioners, that Saint Thiruvalluvar in his World renowned Literary work “Thirukkural”, speaks about the persons, who consume alcohol in the Chapter called “Kallunnamai” “TAMIL”, (Chapter 93 – avoiding alcohol). “TAMIL” It means that, they shall not be respected, nor feared and they shall lose their glory – they who are in love with alcohol. 33.
“TAMIL” It means that, they shall not be respected, nor feared and they shall lose their glory – they who are in love with alcohol. 33. Taking these circumstances in mind, to meet the ends of justice and to reform these students, ie., the petitioners herein towards a bright future, this Court is inclined to pass the following order: (1) As a punishment or to mark their desire that, they would mend their way in future, especially, in their College days as well disciplined students, these petitioners are to undergo a different way of reciprocal action; (2) Accordingly, these petitioners shall visit Kamaraj Memorial , at Virudhunagar Town of Virudhunagar District, the birth place (house) of K.Kamaraj, the former Chief Minister of Tamil Nadu, popularly known as “Perunthalaivar Kamarajar”, (He was the Chief Minister for the State of Tamil Nadu for 9 years and throughout his career, he had been advocating the policy of prohibition, ie., avoidance of consumption of alcohol) on 15.08.2019, ie., on the Independence Day, morning at about 10.00 a.m. and after reporting the Care Taker/in-charge of the Memorial and at his instructions, the petitioners shall clean the memorial house and also assist the visitors, who make visit on the day of Independence, ie., on 15.08.2019 till evening 4.00 p.m. with lunch break; (3) Thereafter, between 4.00 p.m. and 6.00 p.m., these petitioners shall carry two placards by each of them, with slogans in Tamil opposing the intoxication or using of alcohol or liqueur, by persons, especially, the students, and demonstrate the same in front of the memorial by standing on one side of the street/road enabling the onlookers or passerby to watch these students/petitioners for two hours ie., upto 6 o' clock; (4) In order to verify the aforesaid exercise to be undertaken by these petitioners, the fourth respondent College shall depute one Teaching Staff (Assistant Professor), who shall visit at the memorial on the day mentioned above and also be present in the evening hours, ie., between 4.00 and 6.00 p.m., and after ensuring that, these petitioners have undertaken the exercise, as indicated above, he shall give a satisfactory report to that effect to the fourth respondent Management/College on the next day, ie., on 16.08.2019 ; (5) After receipt of such report from the Teaching staff deputed to that effect, as indicated above, the fourth respondent College shall permit the students to continue their course, ie., B.Sc., (Computer Science) from fifth semester onwards at the fourth respondent College, after receipt of the necessary fee payable by them; (6) The aforesaid exercise at Virudhunagar in front of the Kamaraj memorial on 15.08.2019 can be verified and overseen by the Inspector of Police, Virudhunagar Town Police Station, who can ensure smooth undertaking of the aforesaid exercise of the petitioners/students and after having supervised the same, he can also send a report to this Court through the learned Additional Government Pleader; (7) It is made clear that, if the petitioners fail to undertake the aforesaid exercise to the satisfaction of the fourth respondent College, it is open to the fourth respondent College to implement their decision taken in the Disciplinary Committee meeting dated 21.02.2019.
But, at the same time, once the petitioners have completed their exercise, as indicated above, the fourth respondent College shall permit the petitioners to continue the course, as indicated above at their College; (8) For the purpose of having the placards, the following 16 slogans in Tamil, as suggested by the learned counsel appearing for the petitioners and the other learned counsel, who had been in the Court at the time of hearing of this writ petition, are provided, which can be taken as suggestive slogans, and it shall be written in the placards to be carried by the petitioners during the demonstration: “TAMIL” (9) In order to verify the compliance of the aforesaid order, post this matter on 19.08.2019. On that day, on behalf of the petitioners and also on behalf of the fourth respondent College, a compliance report shall be filed separately; (10) The learned Additional Government Pleader appearing for the first respondent shall communicate this order to the Inspector of Police, Virudhunagar Town Police Station, Virudhunagar to ensure the smooth conduct of the aforesaid exercise by the petitioners/students and he also shall submit a report through the Government Pleader before this Court on 19.08.2019. 34. With the above observations and directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.