Calcutta High Court (Appellete Side)
Sarthak Sen Gupta vs State Of West Bengal & Ors on 23 May, 2013
Author: Harish Tandon
Bench: Harish Tandon
1
23.05.2013.
sb/rc
W.P. No. 15604 (W) of 2013
Sarthak Sen Gupta
Versus
State of West Bengal & Ors.
Mrs. Koyeli Bhattacharyya
Mr. Pinaki Dhole ... For the Petitioner.
Mr. Achintya Kr. Banerjee
Mr. Raghunath Chakraborty
... For the Respondents No. 4 to 7
Mr. Ashim Hati .. For the
State.
The petitioner is a student of the University Institute of Technology, Burdwan University and pursuing the Bachelor of Engineering Course in Computer Science and has challenged the decision of the Vice‐Chancellor by which he is expelled from hostel permanently and debarred from appearing in two consecutive semesters (Even Semester 2012‐2013; Odd Semester 2013‐2014).
The petitioner has assailed the said order on the ground that no opportunity of hearing was afforded to him. According to the petitioner, the entire order is vitiated by the principle of natural justice.
From the impugned order, it appears that the petitioner was found guilty of ragging to the freshers previously and was exonerated on submission of an undertaking. The petitioner was again found guilty of committing assault on the student on whom the allegation of ragging was also made and the said student lodged complaint before the local police station and also with the authorities.
The authorities in strict compliance of the procedures and norms took a resolution that he should be permanently expelled from the hostel and should be debarred from appearing in two semesters examination.
2The learned advocate appearing for the respondents nos. 4 to 7, submits that there is a provision for an appeal under the All India Council of Technical Education Regulation before the Vice‐Chancellor.
There is no dispute to the fact that on an earlier occasion the university has shown some latitude and sympathy to the petitioner and have exonerated him from being prosecuted under the said rules on an undertaking given by the petitioner as well as the father of the petitioner.
The ragging is an act of indisciplined activities undertaken by the senior students to bring the freshers down to earth because they think that the freshers do not respect the seniors. Such barbaric, inhuman activities not only affects the freshers physically but has mental impact as well which may result in the disastrous steps taken by the freshers. In order to countermand such inhuman activities, the All India Council of Technical Education Regulation is framed which provides the full mechanism to combat the war against the ragging in the different educational institutions through out the country. The educational institutions are required to maintain a congenial as well as disciplined atmosphere within the institution and should not be allowed to tolerate any such act done by the students. The authorities have shown some latitude to the petitioner in not expelling him and/or debarring him from the institution itself but have expelled from appearing in two semesters examinations. The All India Council of Technical Education Regulation provides different punishment to be inflicted on the students found to have been indulge in the ragging to the freshers which includes cancellation of admission, suspension of attending classes , withholding and withdrawing scholarships/ fellowship and other benefits, debarring from any tests or examination, withholding results, debarring from representing the institutions, suspension and expulsion from hostel, rustication from the institution for period ranging from 1 to 4 semesters.
3
The ragging has been defined by the Apex Court in case of University of Kerala Vs. Council of Principles of Colleges in Kerala & Ors. reported in 2009(15) SCC 301 as an abuse of human rights which is not restricted to the physical abuse but the mental harassment as well. Ragging are usually done on the freshers who have just come into the new environment and cannot be tolerated in a civilised society.
Admittedly the complainant is not a fresher and it appears that there was some conflict with him and the petitioner, at the time the said complainant joined the institution. The authorities have found the petitioner to be guilty of indiscipline and misconduct and have inflicted the punishment of expelling him permanently from the hostel and also from appearing in the examination for two semesters.
The writ court should not interfere with the decision of the fact finding authorities but can certainly interfere when the punishment inflicted and being the outcome of the said disciplinary decision making process, is shockingly disproportionate. This Court further finds from the record produced before this Court by the university that another student who was accompanying the petitioner have been imposed the monetary punishment though according to them it was the solitary act which has been done by him. There is no dispute that the petitioner was actively involved in the incident and the same is found to be true on enquiry by the authorities. This Court found that debarring the petitioner to appear in the examination for two semesters is disproportionate to the commission of an offence as well as the misconduct.
This Court, therefore, modifies the order to the extent that the petitioner shall be debarred from appearing in the examination of the ensuing semester and shall remain permanently expelled from the hostel so long he does not emerged as the successful candidate in the last semester examination.
The learned counsel appearing for the university also submits that under the All India Council of Technical Education Regulation the 4 student as well as the parents/ guardians are required to submit an affidavit to abstain from ragging activities which has not been submitted as yet.
The learned counsel appearing for the petitioner, however, submits, on instruction from the father of the petitioner, who is present in Court today, that such affidavit would be submitted within a fortnight from date to the universities authorities.
If such affidavit is not filed within the time indicated hereinabove, this order shall automatically stands recalled and the punishment inflicted by the disciplinary authority of the university shall remain operative.
This writ application is disposed of.
There will be, however, no order as to costs.
Urgent photostat copy of the order, if applied for, shall be given to the parties on the usual undertakings.
( Harish Tandon, J. )