Sampath Karthikeya Busa And ... vs University Grants Commission Ugc ...
2023 Latest Caselaw 604 Tel

           THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                        AND
                 THE HON'BLE SRI JUSTICE N.TUKARAMJI
                             W.A.Nos.60 and 61 of 2023
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

       This order will dispose of writ appeal Nos.60 of 2023 and 61

of 2023.


2.     We have heard Mr. Sunil B. Ganu, learned Senior Counsel for

the appellants in W.A.No.60 of 2023 and Ms. M.Sowjanya, learned

counsel for the appellants in W.A.No.61 of 2023.


3.     We have also heard Ms. Megha Rani Agarwal, learned counsel

for University Grants Commission representing respondent No.1 in

W.A.No.60 of 2023 and Mr. Kailashnath P.S.S., learned counsel for

Institute of Chartered and Financial Accounting of India Foundation

for Higher Education (briefly 'ICFAI University' hereinafter)

representing respondents No.2 and 3 in W.A.No.60 of 2023 and

respondent No.3 in W.A.No.61 of 2023.

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4. We have also heard Mr. G.Praveen Kumar, learned Deputy

Solicitor General of India for respondent No.1 in W.A.No.61 of

2023.

5. These two appeals arise out of the common order

dated 05.01.2023 passed by the learned Single Judge disposing of

W.P.Nos.42467, 42437 and 43364 of 2022.

6. W.A.No.60 of 2023 arises out of W.P.No.42467 of 2022

whereas W.A.No.61 of 2023 arises out of W.P.No.42437 of 2022.

7. Appellants in both these appeals are students pursuing LLB

course in ICFAI University. All the appellants had completed their

third semester and are awaiting promotion to the fourth semester.

Appellants were suspended by ICFAI University on the alleged

ground of misconduct and indiscipline. An alleged incident of

ragging that had taken place in the campus of ICFAI University

wherein a first year law student was assaulted by a group of senior

students from the business management course.

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8. Victim of the ragging incident lodged a complaint before

Shankarpalli Police Station on 11.11.2022 whereafter Crime No.506

of 2022 was registered under Sections 307, 323, 450, 342 and 506

read with Section 149 of the Indian Penal Code, 1860 (IPC) as well

as under Sections 4(i), (ii) and (iii) of the Telangana Prohibition of

Ragging Act, 1997.

9. It appears that as a consequence to such lodging of Crime

No.506 of 2022, father of one of the accused in Crime No.506 of

2022 lodged a complaint before Shankarpalli Police Station on

12.11.2022 alleging that appellants herein had physically assaulted

and injured his son and two of his friends. The complaint was

registered as Crime No.508 of 2022 under Sections 342, 324 and 506

IPC.

10. In view of registration of Crime No.508 of 2022, ICFAI

University had issued orders of suspension against the appellants

on 18.11.2022 under Rule 7(iii) read with Rule 9 of the IFHE

Students' Conduct and Discipline Rules, 2019 (briefly 'the Rules'

hereinafter).

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11. Assailing the suspension orders dated 18.11.2022, the related

writ petitions came to be filed. The writ petitions were contested by

ICFAI University on various grounds by filing counter-affidavit.

12. On consideration of the pleadings, learned Single Judge

framed the following two issues for consideration:

1. Whether a writ petition under Article 226 of the Constitution of India is maintainable against a private educational institution which is recognized as a deemed to be university by the University Grants Commission ?

2. Whether respondent No.2 was justified in suspending the students without following the principles of natural justice ?

13. Insofar the first issue is concerned, learned Single Judge held

that ICFAI University performs public function; effect of suspension

of the appellants, who are students of the said University would

directly affect their education; therefore, such suspension would

involve a public law element. Accordingly, it was held that the writ

petitions were maintainable.

14. Regarding the second issue, learned Single Judge examined

various provisions of the Rules and thereafter adverted to various ::5::

judicial pronouncements. Learned Single Judge observed that

appellants were suspended for an indefinite period which entails

serious consequences; therefore, such an action would be penal in

nature and must perforce comply with the principles of natural

justice; suspension cannot be for an indefinite period without

conduct of an enquiry.

15. Therefore, learned Single Judge disposed of writ petition

Nos.42467 of 2022 and 42437 of 2022 by directing ICFAI University

to constitute a disciplinary committee and conduct enquiry by

granting an opportunity of hearing to the appellants wherein

appellants would be at liberty to take all available grounds.

16. In so far the third writ petition i.e., W.P.No.43364 of 2022 is

concerned, since an appeal was already filed and was pending before

the Vice-Chancellor, the said appeal was directed to be disposed of

expeditiously. However, the two appeals before us do not pertain to

or relate to W.P.No.43364 of 2022.

17. Not being fully satisfied with the order passed by the learned

Single Judge, appellants have preferred these two writ appeals.

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18. Learned Senior Counsel for the appellants vehemently argued

that the process of admission and registration to the fourth semester

of B.A.,L.L.B., course had already commenced and therefore,

continued suspension of the appellants would deprive them from

getting registered in the fourth semester, which in turn will have a

cascading effect on their academic career.

19. In the hearing held on 11.01.2023, learned counsel for ICFAI

University had submitted that last date for admission and registration

to the fourth semester of B.A.,L.L.B., course would not come in the

way of registration of the appellants in the event a favourable

decision is rendered by the disciplinary committee, which was

constituted on 10.01.2023 and had already started conducting

enquiry.

20. In the course of hearing, it transpired that disciplinary

committee had recommended continued suspension of the

appellants till such time police submits final report in Crime No.508

of 2022. Based on the report of the disciplinary committee,

Registrar of ICFAI University passed orders dated 31.01.2023 ::7::

imposing on the appellants the penalty of suspension from

class/department/hostel/mess/library/lab or from availing any

other facility in ICFAI University in accordance with Rule 7(iii) read

with Rule 9 of the Rules until investigation is completed by the

police in Crime No.508 of 2022 and charge sheet/final report is

filed.

21. In the hearing held on 02.02.2023, learned Senior Counsel for

the appellants had drawn the attention of the Court to the aforesaid

orders dated 31.01.2023 whereafter this Court prima facie took the

view that such orders are extremely harsh and disproportionate. It

was held as follows:

Prima facie, we feel that the aforesaid penalty appears to be extremely harsh and disproportionate. After all, 2nd respondent is dealing with a group of students who were admittedly not involved in the offence of ragging. The allegation against them is that they had assaulted the student who had indulged in ragging.

We are therefore of the view that 2nd respondent i.e., ICFAI Foundation for Higher Education, Hyderabad may review the penalty of suspension imposed on 31.01.2023. In any view of the matter, we may consider passing appropriate order on the next date.

List on 07.02.2023 on top of the list.

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22. In the hearing today, Mr. Kailashnath.P.S.S., learned counsel

for ICFAI University submits that Court may pass such order as may

be deemed appropriate in the facts and circumstances of the case.

23. We have given our anxious consideration to the issue before us.

24. As held by us in our order dated 02.02.2023, appellants before

us are students; they were not involved in the incident of ragging. In

fact the allegation against them is that they had assaulted one of the

student, who had indulged in ragging of a fresher. However, this

alleged incident of assault had taken place outside the campus of

ICFAI University.

25. While it is true that students are required to maintain utmost

discipline in academic institutions, at the same time the institutional

authorities such as the ICFAI University have to act as guardians of

the students; the students being of an impressionable age, some

infraction of disciplined life may take place in an academic campus

(though in this case the incident happened outside the campus);

therefore, the authorities are required to act in a pragmatic manner.

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While upholding discipline in the campus, it must be ensured that the

measures so taken are not excessive and disproportionate.

Otherwise, it may irrevocably damage the future prospects of a

student. Indefinite suspension of a student and making it subject to

submission of final report by the police under Section 173(2) of the

Code of Criminal Procedure, 1973, in our opinion, would not sub-

serve the cause of justice. More so, when the allegation against the

appellants does not pertain to commission of any ragging on a

fresher; rather, they had allegedly assaulted a student, who had

indulged in ragging of a fresher. That being the position, we are

inclined to interfere in the matter.

26. Accordingly, we direct ICFAI University authorities (i) to

withdraw the suspension imposed on the appellants on 18.11.2022

as well as the punishments imposed on them vide the orders dated

31.01.2023; (ii) to declare the results of the appellants for the third

semester of B.A.,L.L.B., course without any further delay and

depending upon the result of the said examination, allow the

appellants to register themselves for the fourth semester of

B.A.,L.L.B., course in the ICFAI University; (iii) and consequently, ::10::

to allow the appellants to participate in all the academic programs of

ICFAI University including those conducted in the meanwhile,

pending classes/examinations etc.

27. Needless to say, insofar Crime No.508 of 2022 pending on the

file of Shankarpally Police Station is concerned, law will take its own

course.

28. Subject to the above directions, the Writ Appeals are allowed.

No costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ UJJAL BHUYAN, CJ

_______________ N.TUKARAMJI, J Date: 07.02.2023 LUR