SAWEN RAMESH Vs. YENEPOYA DENTAL COLLEGE

JUDGEMENT

(1.) THE parties to the lis are governed by the provisions of Karnataka Education Act, 1983, ("act" for short) read with Karnataka Educational Institutions (Recognition of Primary and Secondary Schools), Rules, 1990 ("rules" for short ).

(2.) PETITIONER, who has suffered an order of suspension of his Educational Carrer, and was allowed to attend the classes only on the condition that his parents/guardian would give a necessary undertaking for good behaviour on or before 16-3-1998 and after leaving the first respondent college for good, is before this Court for the following reliefs. They are : i. To quash the impugned order dated 3-3-1998 vide Ref. B/504/98/ydc dated 3-3-1998 passed by the respondent vide Annexure R. II. For a direction to the respondent to return the amounts paid by him for prosecuting his carrer in the respondent College after deducting the tuition fee for the Ist and IInd year B. D. S. course i. e. deducting Rs. 1,03,850/- out of Rs. 7. 5 lakhs i. e. Rs. 6,46,150/ -.

(3.) FACTS in detail need not be noticed by me since it is an admitted fact that petitioner was admitted to the first respondent institution as First Year B. D. S. student. While he was studying in the First Year Course, he was issued with a show cause notice dated 6-2-1998. In the said notice, it was alleged that petitioner has indulged himself in the verbal ragging of First Year B. D. S. students and money robbing. The arguments advanced at the time of hearing of the petition requires to be resolved on the basis of the allegations alleged in the show cause notice. Therefore, the same is extracted and it reads as under : sub : Intimation of suspension cum show cause notice. Upon receiving reliable information, the Dean and the Management of the college have conducted preliminary enquiry and are satisfied that you have indulged in ragging of very serious order, the particulars of which are mentioned herebelow and as such you have misconducted in a manner not biftting your status as student of this institution and the indiscipline is of such magnitude that allowing you to remain in the campus of the college is not in the interest of the discipline of the institution and as such, pending further enquiry into the matter, you are hereby suspended from attending the classes of the college with effect from 6-2-1998 until further orders. Details of indicipline - Verbal ragging of I. B. D. S. students and money robing. You are, therefore, hereby directed not to enter the College Compus and hostels during the period of suspension. We hereby call upon you to give your written explanation to the above charges of indiscipline. The explanation should reach the undersigned on or before 16-2-1998. . If no explanation in writing is received accordingly, it will be considered that you have no explanation to offer and you are admitting the guilt and necessary action will be taken as deemed fit and proper in the interest of institution and the discipline to be maintained in the campus. "