Madras High Court

M.Jeeva Prakash vs The Joint Director Of Collegiate ... on 31 October, 2022

                                                                       W.P(MD).No.19481 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 31.10.2022

                                                     CORAM

                          THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                          W.P.(MD)No.19481 of 2022
                                                   and
                                          WMP(MD).No.15553 of 2022

                     M.Jeeva Prakash
                     3rd year BA, English
                     Dr.Zakir Husain College
                     Ilayangudi - 630702
                     Sivagangai District.                                ... Petitioner

                                                        Vs.

                     1. The Joint Director of Collegiate Education
                        Madurai Region, Palam Station Road,
                        Madurai - 625002, Madurai District.

                     2. The Registrar
                        Alagappa University
                        Karaikudi - 630003
                        Sivagangai District.

                     3. The Secretary
                        Dr.Zakir Husain College
                        Ilayangudi - 630702.
                        Sivagangai District.

                     4. The Principal
                        Dr.Zakir Husain College
                        Ilayangudi - 630702
                        Sivagangai District.                             ... Respondents



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                                                                                 W.P(MD).No.19481 of 2022

                                  Writ Petition is filed under Article 226 of the Constitution of India,

                     for issuance of a Writ of Certiorarified Mandamus, calling for the records

                     relating to the impugned order issued by the 4th respondent herein in

                     proceedings No.Nil dated 14.07.2022 and quash the same and further

                     direct the respondents herein to permit the petitioner to attend the 3rd year

                     BA English Degree Course Classes in the 3rd respondent college and

                     consequently direct the respondents to permit the petitioner to take part

                     in the 5th and 6th Semester examinations in 3rd year BA English Decree

                     Course.


                            (Prayer amended vide Court Order dated 07.09.2022 in
                            WMP(MD).15551/2022 in WP(MD).19481/2022 by VBSJ)


                                               For Petitioner : Mr.E.V.N.Siva

                                               For R1         : Mr.A.Kannan
                                                             Additional Government Pleader

                                               For R2         : Mr.Isaac Mohanlal
                                                             Senior Counsel for M/s.Isaac Chambers

                                               For R3 & R4 : Mr.H.Thayamanaswamy




                                                             ORDER

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W.P(MD).No.19481 of 2022

This Writ Petition has been preferred to call for the records

relating to the impugned order issued by the 4th respondent herein in

proceedings No.Nil dated 14.07.2022 and quash the same and further to

direct the respondents herein to permit the petitioner to attend the 3rd year

BA English Degree Course Classes in the 3rd respondent college and

consequently direct the respondents to permit the petitioner to take part

in the 5th and 6th Semester examinations in 3rd year BA English Decree

Course.

2. The brief facts of the case as stated in the averments are as

follows :

2(a). The petitioner is studying 3rd year BA, English in the 4th

respondent college, which is a private aided college governed by Tamil

Nadu Private Colleges (Regulation) Act & Rules. The above college is

affiliated to 2nd respondent university. The petitioner was assigned with

Registrar No.0620103053 and he was regularly attending the college and

successfully written the 2nd year final examinations during June 2022.

The 3rd year classes commenced on 13.07.2022. While the petitioner was

in the class room, the class in-charge teacher instructed him to see the

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W.P(MD).No.19481 of 2022

Head of the Department. When the petitioner went to the HOD Room, he

was asked to meet the Principal. The Principal informed that as per the

instructions of the 3rd respondent herein, he was not allowed to attend the

classes and on the other hand, he was asked to go out of the college

premises.

2(b). The petitioner informed his father, who is working as Lab

Assistant in the very same college. His father also approached the

Principal to the College and requested to allow him to attend the classes.

However, the Principal refused to do so at the instructions of the 3rd

respondent herein. In view of the same, the petitioner submitted a

representation to the respondents seeking permission to attend the 3rd

year classes. However, till date no action is taken and his representation

is pending without consideration. It was also stated that if the

respondents did not permit the petitioner to attend the classes, he has to

re-do the 3rd year once again. He has not indulged in any misbehaviour in

the college, however the respondents herein are not permitting him to

attend the classes till date. It was further stated that if the respondents did

not permit the petitioner to attend the classes, he cannot take the 5th

Semester examinations for shortage of attendance, affecting his carrier

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W.P(MD).No.19481 of 2022

for no fault of him. Therefore, he was constrained to approach this Court

seeking appropriate relief.

3. Denying the above averments, the respondents 3 and 4 filed a

counter affidavit stating that the petitioner is studying 3rd year B.A.

(English) in the respondent college. As the petitioner and his classmate

namely S.Faheema was speaking privately inside the classroom on

17.05.2022, some dispute arose between the petitioner and some other

students of the same Department near the college canteen and outside the

college campus viz., near Indhira Nagar Bus Stop (200 meter from the

college). Subsequent to which, the petitioner was not allowed in the

college from 26.05.2022. However, by considering his further higher

studies, the petitioner was allowed to write his Semester Examinations.

While so, the 3rd year B.A. Degree Course commenced from 13.07.2022.

Though the petitioner was specifically instructed not to attend the classes

from 26.05.2022, he had himself attended the classes on 13.07.2022.

Hence, the Head of the Department instructed him to leave the class.

Instead of leaving the college, the petitioner straight away went to the

office of the Principal and shouted at him. Hence, the Discipline

Committee of the college conducted an enquiry on the same day at 3.30

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W.P(MD).No.19481 of 2022

PM and once again, the petitioner shouted at all of them in an indecent

manner and went away. Since the act of the petitioner would be

detrimental to the peaceful administration of the college and also to the

students studying in the college, the 4th respondent Principal issued

proceedings dated 14.07.2022 suspending the petitioner from the college

and further instructed the petitioner to appear in the enquiry scheduled to

be held on 31.07.2022 at 11 P.M. The said proceedings was sent to the

petitioner through Registered Post with Acknowledgement Card, the

same was returned to the college on 15.07.2022 with an endorsement

"Left without Instruction". Hence, the staff council of the college met on

02.08.2022 and 04.08.2022, wherein, it was resolved to give Transfer

Certificate to the petitioner and that girl student S. Faheema. The same

was intimated to the petitioner by the Principal vide letter dated

07.08.2022 through Registered Post. The same was also returned to the

college with an endorsement "Left without Instruction". The petitioner,

without challenging the above said proceedings, filed the Writ Petition

challenging the suspension order issued by the Principal dated

14.07.2022.

4. Heard both sides and perused the materials available on record.

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W.P(MD).No.19481 of 2022

5. It is an admitted fact that the petitioner is pursuing 3rd year B.A.

(English) in the 4th respondent college, affiliated to 2nd respondent

university. The petitioner was regular in attending the college and also he

successfully completed his 2nd year final examinations in June 2022. The

3rd year classes have commenced on 13.07.2022. From the day on which,

the petitioner was not permitted to attend the classes and he was also sent

out from the college of the 4th respondent. Hence, he submitted a

representation to the respondents seeking permission to continue his

studies in their college. In spite of his several request, there was no

response from the respondents. Hence, he approached this Court by filing

this Writ Petition.

6. The learned counsel for the petitioner submitted that the

petitioner has not indulged in any misbehaviour or misconduct as stated

by the respondents, however, he was not allowed to attend the 3rd year

B.A.(English) Course Classes from 13.07.2022 onwards. He also

submitted that the petitioner had filed the writ petition praying to permit

the petitioner to take part in the 5th and 6th semester examinations in the

3rd year B.A.(English). But subsequently the petitioner was suspended

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W.P(MD).No.19481 of 2022

from college vide proceedings dated 14.07.2022. Hence the prayer was

amended to quash the 4th respondent proceedings dated 14.07.2022. He

further submitted that the entire allegations levelled against him are false

and only the petitioner was suspended from the college and no action

was taken against other students who involved in fight.

7. The Learned Counsel appearing for the respondents 3 and 4

submitted that, though the petitioner was specifically instructed not to

attend the classes from 26.05.2022, he had himself attended the classes

on 13.07.2022. Hence, an enquiry was conducted on the same day at 3.30

P.M. But the petitioner shouted at all of the respondents in an indecent

manner. Hence, a proceeding dated 14.07.2022 was issued suspending

the petitioner from the college.

8. The points which are now arises for consideration are as

follows:

“A) Whether the petitioner was given fair opportunity before issuing transfer certificate?

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W.P(MD).No.19481 of 2022

B) Whether no action was taken against other students who involved in fight?

C) Whether the suspension order and the subsequent order of issuing TC is valid in eye of law?”

9. As per the contentions of the respondent college, the petitioner

created some ruckus in the college, hence he was not allowed in the

college from 26.05.2022. However, by considering his further higher

studies, the petitioner was allowed to write his 2nd year Semester

Examinations and immediately when the 3rd classes had begun the 4th

respondent Principal issued proceedings dated 14.07.2022 suspending

the petitioner from the college and further instructed the petitioner to

appear in the enquiry scheduled to be held on 31.07.2022 at 11PM. The

said proceedings was sent to the petitioner through Registered Post with

Acknowledgement Card, the same was returned to the college on

15.07.2022 with an endorsement "Left without Instruction", the same

was produced before the court. The petitioner had himself admitted that

his father is working as Lab Assistant in the same college. The

respondent in their counter contends that when the petitioner and his

father were approached by the college authorities to issue the Suspension

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W.P(MD).No.19481 of 2022

letter, the same was refused by them.

10. From the above, it is evident that the respondent college

authorities have taken sufficient steps to communicate the suspension

order to the petitioner, inspite of the same, the petitioner had not

appeared before the committee to put forth his submissions. Instead, he

had filed this writ petition before this Court.

11. It is to be noted that subsequently the staff council of the

college met on 02.08.2022 and 04.08.2022, wherein it was resolved to

give Transfer Certificate to the petitioner and the same was intimated to

the petitioner by the Principal vide letter dated 07.08.2022 through

Registered Post. The same was also returned to the college with an

endorsement "Left without Instruction".

12. The petitioner, without challenging the above said proceedings

dated 07.08.2022, had filed the Writ Petition challenging the suspension

order issued by the Principal dated 14.07.2022 which itself would make

the writ petition infructuous

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W.P(MD).No.19481 of 2022

13. The respondent college has admitted that during the staff

council meeting held on 02.08.2022 and 04.08.2022, it was resolved to

give Transfer Certificate to the petitioner as well as the girl student

S.Faheema, hence the contention of the petitioner that only he was

suspended from the college and no action is taken against the girl student

is not sustainable. Due to the act of the petitioner, in order to avoid the

communual clash between two community people, the respondents have

given the Transfer Certificate to both students having left with no other

option.

14. The college authorities had passed the above order after

conducting a detailed enquiry, a fair opportunity was also given to the

petitioner, it was the petitioner who had not appeared before the

authorities concerned.

15. In this context, it is relevant to refer the following judgments

of this Court as well as the Hon'ble Supreme Court :

1. P. Senthil and others vs.The Principal, SIVET College, Chennai and others) MANU/TN/0127/2003 : (2003) 1 MLJ 644, it was held that

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W.P(MD).No.19481 of 2022

"35. In the interest of maintaining proper discipline in an educational institution, it is highly necessary to strengthen the hands of the college authorities by arming them with sufficient powers, so that the other students in the institution who are keen to study and improve their career, would not become the victims of handful of persons who may spoil academic atmosphere by indulging in anti-social activities It is the educational authorities who alone should have every control over the students and take such action that would warrant the circumstances. If the educational institutions have not been allowed to exercise their discretion to decide as to whether a particular student should be retained or not, then the educational institution will have to face the calamitous consequences"

2. D. Percivul Pericles and Ors. vs. The Principal School of Law Saveetha University and Ors. (11.03.2016 -

MADHC) : MANU/TN/0359/2016, it was held that

20. It is well settled that in matters of this nature, this Court has to exercise caution and restraint in interfering with the internal administration of the first respondent. The first respondent, as Principal of Law School, can set or frame it's own procedures and norms for administrative function to ensure orderliness in the campus and to prevent any commotion or disturbance among the students. It is the duty of the first respondent to ensure prevalence of a conducive

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W.P(MD).No.19481 of 2022

atmosphere to enable the students to achieve academic excellence. In such circumstances, this Court hesitates to interfere with the orders impugned in these writ petitions as it would amount to interfering in the management of the college in ensuring discipline among the students.

3. Controller of Examinations and Ors. vs. G.S. Sunder and Ors. (17.07.1992 - SC) : MANU/SC/0714/1993, it was held that interference by Court in the matters of academic indiscipline may lead to very unhappy results. It was held that the Court must be very slow in interfering with such matters as the authorities in charge of education know best how to deal with situations of indiscipline and other matters pertaining to education.

16. From the above referred judgements, it is evident that

interference by Court in the matters of academic indiscipline may lead to

very unhappy results. Hence, the orders passed by the respondent college

need not be interfered with. Only in the interest of the student, this Court

orally instructed the Registrar, Alagappa University, Karaikudi to permit

the petitioner to join any one of the four other colleges functioning under

the same University, but the learned counsel appearing for the petitioner

did not agree with the same and the Court may pass any orders as the

Court pleases.

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W.P(MD).No.19481 of 2022

17. Considering the student's future life, this Court directs the