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Telangana High Court · body

2025 DIGILAW 1432 (TS)

Mittapally Harsha v. State of Telangana

2025-11-10

SUREPALLI NANDA

body2025
ORDER : 1. Heard Sri K.V.Vedanta Charya, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education appearing on behalf of the respondent No.1 and Sri Malipeddi Srinivas Reddy, learned standing counsel for Osmania University appearing on behalf of the respondent Nos.2 & 3. 2. The petitioner approached the Court seeking amended prayer as under: “…to issue an appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.4 by rusticating and expelling the Petitioner from the College and Hostel through impugned order Lr.No 866/NCA/2025, Dated 25/09/2025 and Transfer Certificate No.1396, Dated 25/08/2025 issued by 4 th Respondent is illegal, arbitrary, unlawful and violation of Arts 14, 19, 21 and 21A of the Constitution of India and consequently set aside both the rustication order and transfer certificate and direct the Respondents to allow the Petitioner to continue studies and write examinations….” 3. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:- It is specific case of the petitioner that the petitioner is a meritorious student presently pursuing B.Sc. (MECS) 3rd Year at Nizam College, affiliated to Osmania University, having successfully completed the first two years of his course without any adverse remarks or disciplinary issues. On 05.08.2025, about 200 hostel inmates protested before the Principal Block regarding hostel accommodation and related grievances. The petitioner submits that the petitioner did not participate in the said agitation, but was merely called by the College PRO and was subsequently falsely implicated in the incident. Thereafter, the 4th Respondent – Principal of the College – issued a rustication order vide Lr. No. 866/NCA/2025 dated 25.09.2025, expelling the petitioner from the college and hostel, and also issued Transfer Certificate No. 1396 dated 25.08.2025 containing remarks that he was involved in “Indiscipline Behaviour & Ragging.” It is further the case of the petitioner that the said rustication order and the remarks in the Transfer Certificate are illegal, arbitrary, and fabricated, as no proper enquiry was conducted and the purported Anti-Ragging Committee report relied upon by the college is false and contradictory. The report mentions two different dates such as 02.08.2025 and 22.08.2025, raising serious doubts about its genuineness. The report mentions two different dates such as 02.08.2025 and 22.08.2025, raising serious doubts about its genuineness. Further, around 90 hostel students submitted a representation to the 4 th Respondent on 15.09.2025 clarifying that no ragging incident had occurred and requested cancellation of the petitioner’s Transfer Certificate. It is further the case of the petitioner that the petitioner approached the Registrar of Osmania University (3 rd Respondent) on 10.09.2025 and later the Vice-Chancellor (2 nd Respondent) on 19.09.2025, who advised the petitioner to give an undertaking that petitioner would not involve in protest activities; however, the 4 th Respondent refused to reinstate the petitioner. The petitioner also filed a complaint before the Telangana Human Rights Commission on 30.10.2025 seeking appropriate relief. Meanwhile, the college scheduled the 5 th Semester Practical Examinations from 10.11.2025 and theory examinations from 18.11.2025, for which the petitioner had already paid the examination fees on 07.11.2025, but however, in view of the impugned order of rustication issued by the 4 th respondent, dated 25.09.2025, the petitioner is not in a position to appear for the exams. Hence, the petitioner filed the present Writ Petition. 4. PERUSED THE RECORD: A. The order impugned Lr.No.866/ NCA/ 2025, dated 25.09.2025 issued by the respondent No.4 against the petitioner is extracted hereunder:- It is hereby informed to all the Heads of the Departments of Mathematics, Electronics, Computer Science, English, and Second Languages that Mr.M.Harsha, B.Sc.(MECs), 3 rd Year (Roll No:100923104016) has been rusticated from the College and Hostel with immediate effect. Henceforth, he is not permitted to attend classes or enter the college campus under any circumstances. B. The Proceedings Lr.No.829/NCA/2025, dated 23.08.2025 issued by the respondent No.4 to the petitioner and another is extracted hereunder:- This is to inform that, as per the recommendation of the Anti-Ragging and Vigilance Committee of Nizam College, the report submitted by the committee on 22-08-2025 has been thorough and carefully examined. It has been decided that the following students are hereby suspended and rusticated from the College and Hostel, and Transfer Certificates(TC) shall be issued to them under the provisions of the Anti-Ragging Act of UGC, New Delhi, on account of Anti-ragging, indiscipline Behaviour and agitated in the institution and hostel premises. The concerned students are directed to vacate the Hostel and not permitted into the institution with immediate effect, i.e., on or before 23-08-2025 by 5:00 PM. The concerned students are directed to vacate the Hostel and not permitted into the institution with immediate effect, i.e., on or before 23-08-2025 by 5:00 PM. List of Students: S. No. Student Name Course HT No. Number Phone No. 1 Mr. Md. Moinuddin BBA (2nd Year) 100924145058 7569143357 2 Mr. M. Harsha B.Sc (MECs) 3rd Year 100923104016 7013551218 DISCUSSION AND CONCLUSION:- 5. Learned counsel appearing on behalf of the petitioner submits that the order impugned, vide Lr.No.866/NCA/2025, dated 25.09.2025 had been passed by the 4 th respondent in clear violation of principles of natural justice and therefore, in view of the fact that the petitioner had not been put on prior notice before the rustication order issued to the petitioner, the petitioner is entitled for the relief as prayed for by the petitioner in the present writ petition. 6. Learned counsel appearing on behalf of the petitioner further submits that the petitioner submitted a detailed representation, dated 10.09.2025 to the respondent No.3 to withdraw the order impugned, dated 25.09.2025 issued by the respondent No.4 against the petitioner, but however, no action had been initiated by the 4 th respondent as on date. 7. Learned Standing counsel appearing on behalf of the respondent Nos.2 & 3 places on record the relevant material documents and disputes the submission made by the learned counsel appearing on behalf of the petitioner that the order impugned, dated 25.09.2025 issued by the respondent No.4 had been passed without issuing notice to the petitioner. 8. Learned standing counsel appearing on behalf of the respondent Nos.2 & 3 further submits that the petitioner and petitioner’s parents were aware of the proceedings, dated 25.09.2025 issued against the petitioner and a detailed proceedings had been passed by the Vigilance/ Anti-Ragging Committee wherein it was resolved unanimously by the Committee to rusticate the petitioner both from the College and Hostel for serious indiscipline and derogative behavior with immediate effect. 9. Learned counsel appearing on behalf of the petitioner further submits that the respondents may be directed to allow the petitioner to write the 5 th Semester Examination of B.Sc., 3 rd Year including Practical examination starting from 10.11.2025, duly withdrawing the impugned order, rusticating the petitioner from the College and Hostel with immediate effect, dated 25.09.2025 issued by the 4 th respondent in the interest of justice. 10. 10. The learned standing counsel appearing on behalf of the respondent Nos.2 & 3 fairly submits that petitioner may be directed to put-forth petitioner’s grievance as put-forth in the present Writ Petition before the 2 nd respondent and the same would be considered by the 2 nd respondent in accordance to law, within a reasonable period. 11. Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned standing counsel appearing on behalf of the respondent Nos.2 & 3. 12. Taking into consideration:- a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondent Nos. 12. Taking into consideration:- a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondent Nos. 2 & 3 c) The contents of the order impugned Lr.No.866/ NCA/ 2025, dated 25.09.2025 (referred to and extracted above) d) The contents of the Proceedings Lr.No.829/NCA/2025, dated 23.08.2025 issued by the respondent No.4 to the petitioner and another (referred to and extracted above) e) The representation of the petitioner, dated 10.09.2025 addressed to the respondent No.3 The Writ Petition is disposed of directing the petitioner to make a detailed representation addressed to the 2 nd respondent herein putting-forth the grievance of the petitioner as put-forth in the present Writ Petition pertaining to allowing the petitioner to write the 5 th Semester Examination of B.Sc., 3 rd Year including Practical examinations which commenced from 10.11.2025, duly withdrawing the impugned order, rusticating the petitioner from the College and Hostel with immediate effect, dated 25.09.2025 issued by the 4 th respondent herein forthwith and upon the petitioner submitting such representation to the 2 nd respondent forthwith, the 2 nd respondent is directed to consider the same expeditiously and take a decision pertaining to the request of the petitioner to allow the petitioner to write the 5 th Semester Examination of B.Sc., 3 rd Year including Practical examinations which commenced from 10.11.2025, duly considering the request of the petitioner for withdrawing the impugned order, rusticating the petitioner from the College and Hostel with immediate effect, vide Lr.No.866/NCA/2025 dated 25.09.2025 issued by the 4 th respondent , in accordance to law, in conformity with principles of natural justice, by providing an opportunity of personal hearing to the petitioner and all concerned in the interest of career of student and also the concerns of petitioner’s parents and pass appropriate orders on the said representation to be submitted by the petitioner to the 2 nd respondent and duly communicate the decision on the said subject issue to the petitioner. However, there shall be no orders as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.