Madras High Court
The Principal vs S.Balamurugan on 23 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD)No.1959 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)No.1959 of 2024
and
C.M.P.(MD)No.14464 of 2024
The Principal,
Velammal College of Nursing,
Thoothukudi Ring Road,
Anuppanadi,
Madurai – 625 009. : Appellant
Vs.
1.S.Balamurugan
2.The Principal Secretary,
Health and Family Welfare Department,
Fort St. George, Secretariat,
Chennai – 600 009.
3.The Director,
Director of Medical Education,
No.162, EVR Periyar Salai,
Kilpauk, Chennai – 600 010.
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1/6
W.A.(MD)No.1959 of 2024
4.The Registrar,
Dr.M.G.R. Medical University,
Guindy,
Chennai – 600 032. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent,
praying to set aside the order dated 20.09.2024 in W.P.(MD)No.
12669 of 2024 on the file of this Court.
For Appellants : Ms.N.Krishnaveni
Senior Counsel
for Mr.L.Shaji Chellan
For Respondent No.1 : Dr.A.E.Chelliah,
Senior Advocate
for Mr.A.D.Ganeshamoorthi
For Respondents 2 & 3 : Mr.SRA.Ramachandran
Additional Government Pleader
For Respondent No.4 : Mr.A.S.Vaigunth
JUDGMENT
**************
[Judgment of the Court was delivered by R.SUBRAMANIAN, J.]
Challenge is to the order of the learned Single Judge
made in W.P.(MD)No.12669 of 2024 dated 20.09.2024.
2.Learned Senior Counsel Ms.N.Krishnaveni, would
vehemently contend that the Institution was forced to require the
first respondent to leave the Institution by taking Transfer
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Certificate because of his continued misbehaviour with other
students and the apprehension in the minds of the staff as well as
the girl students that he may cause danger to them.
3.Dr.A.E.Chelliah, learned Senior Counsel appearing for
the first respondent student would submit that the student had
already submitted his undertaking that he will behave properly and
abide by all the rules and regulations of the Institution and in the
light of the said undertaking, the Management will be free to
suspend him or even prohibit him from attending classes if he
commits any breach of peace or behaves in an abnormal manner in
the college.
4.Legal issued apart, we are more concerned with the
future of the first respondent. We find that he is aged about 21
years and has completed two years of nursing course. He has to
complete further two years. If he is sent out at this juncture, he will
not be able to complete his education and he may have to join again
in some other college. He will loose two years of precious time.
When we are not for encouraging indiscipline in Institutions, we
should also be alive to the fact that students are students and there
will be some intolerant behaviour, which will have to be corrected
not by imposing a death penalty but by taking appropriate
corrective measures. The learned Single Judge has taken care to
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take an undertaking affidavit from the writ petitioner / first
respondent and also prohibit him from entering the hostel.
5.We do not want to interfere with the said exercise of
discretion which we find is well balanced. We therefore, dismiss
this appeal. The student / first respondent shall report to the
college within 15 days from today and he will be enrolled in the
third year. We are not condoning his absence. He has to secure the
minimum attendance required for appearing in the examination.
The University will enroll him back. We make it clear that the first
respondent shall not indulge in any act of indiscipline during his
continuance in the college. If he is found to be indulging in any
such activity, the administration will be free to take any action
against him and this Court will not lend a helping hand to the first
respondent hereafter.
6.Accordingly, the Writ Appeal stands disposed of. There
shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[R.S.M.,J.] & [L.V.G.,J.]
23.10.2024
Neutral Citation : Yes/No
Index : Yes/No
Internet : Yes/No
MR
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To
1.The Principal Secretary,
Health and Family Welfare Department,
Fort St. George, Secretariat,
Chennai – 600 009.
2.The Director,
Director of Medical Education,
No.162, EVR Periyar Salai,
Kilpauk, Chennai – 600 010.
3.The Registrar,
Dr.M.G.R. Medical University,
Guindy,
Chennai – 600 032.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
MR
JUDGMENT MADE IN
23.10.2024
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