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13. Learned Counsel Mr. Pandey appearing for the Respondent- Institute submitted that the Institute does not take action unless it is absolutely necessary. He submitted that the Petitioner has not come to the Court with clean hands. Inviting this Court's attention to reply filed by the Petitioner to the show-cause notice, it is submitted that the Petitioner has admitted that in the demonstration at New Delhi, the word "TISS" was mentioned alongwith the abbreviation of PSF on one poster to show that the protesting students were from student group of TISS. He submitted that therefore the name of the Institute was used by the Petitioner in a demonstration, which was clearly politically motivated. He submitted that alongwith reply, the Petitioner has 902 WP-3359-2024 (J) C2.doc produced Appendix-5 which is his reply given during the earlier incident of March 2023, where he has admitted that he had participated in the gathering outside Director's bungalow. He submitted that under Circular dated 14/06/2023, the Institute had drawn attention of the students to Clause 20 of the Code of Conduct, which requires everyone to direct all questions or requests for information from media or reporters to the Registrar or Deputy Director or Director of the institute for the purpose of consistency and accuracy of information. He submitted that under the said Circular it was clearly informed to the students that expressing and promoting their personal views, comments and or observation on any media platform, while identifying them as TISS student or associating those views with TISS in any form is strictly prohibited. He submitted that the said Circular had clarified that any student breaching this policy will invite strict action and such behaviour will be recorded as bad behaviour in the Institute's records and which may affect the concerned student's academic journey. He submitted that this Circular also informed the students that unauthorised use of Institute's name, logo or other identifiers if persists despite the said Circular, the Institute reserves its right to seek legal recourse.

19. Clause 24 of the said Code of Conduct provides as under:

"24.0 DISCIPLINE Discipline will be promptly and consistently applied to serve as notice that there are serious consequences for intentional wrongdoing and to demonstrate that TISS is committed to integrity as a core part of its culture. TISS believes that application of discipline for a violation of our ethical standards should be prompt and must be appropriate. Therefore, the Institute will weigh all mitigating and aggravating circumstances, including whether the violation was intentional or inadvertent, the extent of the likely damage to the Institute resulting from the violation and whether the offending person has committed previous violations of this code or other Institute policy concerning ethical behaviour.

23. Perusal of the show cause notice dated 07.03.2024 indicates that there are three charges. First, participation in the demonstration outside Indian Parliament on 12.01.2024 under the banner of organization PSF- TISS, when the said organization is not recognized by the TISS and has no connection with any activity of TISS, still the name of the Institute being misused, creating impression that the views expressed by the protesters are views of the Institute. Next charge is posting pamphlets on social media calling upon to join screening of documentary 'Raam- Ke-Naam' on 26/01/2024 as mark of dishonor and protest against the Ram Mandir inauguration in Ayodhya. Third charge is specifically referring to the Petitioner's antecedents and conduct in the past including the Petitioner holding unauthorized events, demonstrations, and participating in sit-ins outside Director's Bungalow, TISS, Mumbai campus at late night with loud sloganeering. The show cause notice specifically refers to the conduct of the Petitioner in violation of Clause 9 of the Honor Code, the Circular dated 14.06.2023 and Clause 24 of the Code of Conduct.

25. Perusal of the reply filed by the Petitioner to the show cause notice, shows following admissions given by the Petitioner.

(i) That the Petitioner has participated in the demonstration titled as 'Parliament March' in New Delhi on 12.01.2024.

(ii) That the Petitioner attended the protest as Central Executive Committee Member of Students' Federation of India (SFI) as a member of Progressive Student's Forum (PSF).

(iii) That regarding the demonstration, the word 'TISS' was mentioned along with abbreviation of 'PSF' in one poster released by PSF to show that it was student group from TISS.