Jwalant Jitendra Vs Institute of Infrastructure (Gujarat High Court); R/Special Civil Application No. 18303 of 2018; Date: 19/12/2018
In the present case, the writ was filed by one of the student was involved in the ragging who was suspended from the current academic year by the disciplinary committee of the institution. In the writ the student plead that being the bright student such suspension would ruin his future.
The court concluded that it is the duty of the authorities, in charge of the educational institutions, to ensure that the discipline is maintained in the institution and the head of the institution in such cases is required to be armed with sufficient powers so that those who are keen to study and improve their carrier should not be the victims of a handful of persons who may spoil the academic atmosphere by indulging in anti-social activities.
The court held that where no mala fides or other motives have been alleged against the management of the institute in the passing of the impugned order, the Court should not normally interfere in the punishment imposed upon the delinquent.
Gujarat HC termed ragging a ‘barbarous practice’ and concluded that if anybody is found guilty of ragging, he shall be immediately expelled from the institution and debarred from entering any other educational institution thereafter.
Number of students were involved in the ragging of junior students at the Institute of Infrastructure Technology Research & Management. The students so involved in ragging were divided into following three category –
Category A: the students who were involved in planning and executing the whole indecent activities.
Category B: the students who were observing, enjoying and encouraging the other students in the whole indecent activities and failed to inform the authorities.
Category C: the students happened by chance or curiously to be there at venue but failed to stop these indecent activities and also failed to inform the authorities.
Disciplinary committee concluded, following –
(i) Category A students be suspended from the current academic year and be permitted to continue with academics from August, 2019. However, they be not admitted into the Hostel in future.
(ii) Category B students be suspended from the current semester and be permitted to continue with academics from January, 2019. However, they be not admitted into the Hostel in future.
(iii) Category C students be suspended from academics for 3 weeks and be permitted to continue with academics from 22nd October, 2018 in the current semester.
One of the student filed writ petition based on the disciplinary committee conclusion with a view that the applicant, being a bright student such a punishment would ruin his future.
The case on hand is not one in which the writ applicant and the other students were not given any opportunity of hearing. It is also not a case in which the writ applicant has been taken by surprise with the charges levelled against him.
So long as an inquiry is held to be fair and it affords a student an adequate opportunity of defending himself, the matter should not ordinarily be examined by the courts with the same strictness as applicable to the criminal charges.
The writ applicant may be a very brilliant student with a good academic record but if a brilliant student is found to have involved in ragging, he will have to bear the consequences of the same.