BHUPENDRAKUMAR SINGHAL Vs. P R MEHTA PRINCIPAL S V REGIONAL COLLEGE OF ENGINEERING AND TECHNOLOGY SURAT DR

JUDGEMENT

(1.) For the disciplinary action and punishment of dismissal remove or rustication of a student whether the principles of natural justice should be observed or the fair play only will suffice in case or the relationship of a pupil and the master of the education institution governed by the contract of admission and not by the statutory provisions ? Whether such disciplinary authority is quasi judicial or only administrative authority ? Whether the show cause notice containing the allegations against the pupil should be served before imposing penalty of rustication on the student ? What should be the contents of such notice ? Whether the order imposing the punishment should be speaking order ? are some of the questions touching the students class and educational institutions required to be considered in this petition under Art. 226 Constitution of India challenging the order rusticating the petitioner from the Engineering College for the period of three years and also dismissing him as the General Secretary of the Students Council.

(2.) Petitioner an engineering student studying in third year Mechanical Engineering is rusticated with immediate effect by the Principal by order dated 27/03/1989 from Sardar Vallabhbhai Regional College of Engineering and Technology Surat for the period of three years and also dismissed as the General Secretary of the Students Council by the President Students Council. by order of the same date for having been found involved in the incident of causing hurt instigating the students to cause hurt to the Municipal Corporator creating tension in the College and behaving rudely with some faculty members and not pacifying the students and controlling the situation as a leader of the students commodity and failing in his responsibility.

(3.) Petitioner was studying in the 3rd year of the Mechanical Engineering in Sardar Vallabhbhai Regional Engineering College of Technology Surat and was elected as General Secretary of the Students Council On 19/03/1989 at about 9 30 p.m. some junior students of the first year Engineering College mostly hailing from Rajasthan and Bihar had gone out and were involved in the incident of teasing the couple. The Municipal Councillor of Umra Electoral Division of Surat Municipal Corporation objected to that and also caught hold of one Mahendra Prasad but his companions fled away from there. After going to the hostel they informed the petitioner and other students. Prof. B. U. Joshi Professor of Electrical Engineering and Chief Wardon was on stroll with his family and came nearby the gate of the campus where Harish Umrigar met him and complained that the students of the College including Mahendra Prasad were involved in teasing a couple on the road. Out of those students about 5 fled away and Mahendra Prasad was caught by them. In the meantime the students who had fled away from the place of incident informed to other hostel inmates and the petitioner started collecting other students. Prof. B J. Mehta met Prof. K. U. Joshi and both of them accompanied Harish Umrigar nears by the Central School and on inquiry Mahendra Prasad informed that other students happened to be Mansingh Vishnu Prakash Sharma Devilal Parmar and Sanjay Dani all of whom were studying in the first year of Engineering. After that Prof Joshi and Prof. Mehta told Harish Umrigar that the students will not behave in that manner in future and started returning to the campus. Mahendra Prased was given lift on the motor cycle of Prof. Mehta and Prof. Joshi on the motor cycle of Harish Umrigar and they went to the quarters to leave them. They saw the mob of about 20 students proceeding from Hospital towards the gate and they inquired about Mahendra Prasad. Prof. Joshi pacified them and told them not to worry as Mahendra Prased was on the scooter of Prof. Mehta and told them to return and accordingly they moved back towards the hostel. Prof. Joshi alongwith Harish Umrigar went to his quarter and then Harish Umrigar started to return. Prof. Joshi thinking to go towards hostel started on his scooter from his residence towards hostel Prof. Mehta was present nearby the place of incident and Prof. J. C. Vyas had also come there. While Harish Umrigar was returning and reached near administrative building some of the students including the petitioners who were armed with iron rods lathis and chains rushed towards Harish Umrigar caught him and on being inquired by the petitioner as to who had caused injuries Mahendra Prasad told them that Harish Umrigar happended to be the person who had caught him. Petitioner told his companions to assault and cause hurt to Harish Umrigar and the petitioner and his companions Vishnu Prakash Sharma Devilal Parmar Mansingh Kaen and Sanjay Dani attacked Harish Umrigar and caused him injuries. Prof. Mehta just covered the body of Harish Umrigar and tried to save him and during that he was also caused some injuries. After causing severe injuries to Harish Umrigar and tearing his shirt the petitioner and his companions fled away from there. Prof. Joshi then went to the hostel No 3 brought the petitioner to the place nearby the circle where Prof Mehta and others were with injured Harish Umrigar. At that time also the petitioner provoked the crowd stating that the authorities had done nothing for the students and therefore he bad tackled the problem in his own way. Navin Umrigar went there in search of Harish Umrigar and took Harishbhai to the Civil Hospital where he was admitted as indoor patient. Navinbhai then lodged complaint at about 0.30 hours on 20/03/1989 at Umra Police Station Umra and the offence was registered. Hostel students started spreading remours at night. but ultimately Prof. Joshi and other Professors succeeded in pursuading them at about 130 a. m. to return to the hostel. Next day Police Sub-Inspector Shukla went to Prof. Joshi and requested him no hand over the students and all the six students including the petitioner were informed. Five students remained present on 21/03/1989 and they were released on bail but the petitioner did not remain present. On 21/03/1983 at night petitioner went to the residence of Prof. Joshi and was advised to surrender There facts are evident from the statements of Prof. K. U. Joshi Prof. B J Mehta Prof. J U Vyas recorded by the Police and the report of Prof. K. U Joshi produced by the petitioner alongwith his Affidavit-in-rejoinder dated 2/08/1989 As the petitioner happened to be the main leader and instigated other students to cause injuries and caused injuries to Harish Umrigar Inquiry Committee consisting of seven members viz. (1) Prof K. U. Joshi Chief Hostel Warden (2) Dr. B K. Katti (3) Prof. B. J. Mehta (4) Prof. R. N. Parikh (5) Prof. H D Desai (6) Prof. A. C. Gandhi and (7) Shri Y. F Canporwala (Deputy Registrar) was constituted to probe into the incident which occurred on 19/03/1989 in which the Municipal Corporator was caused injuries and the Committee was requested to submit report on or before 25/03/1989 to the college authorities for transmitting to the Disciplinary Committee which may recommend appropriate action thereafter. On 21/03/1989 notice was issued to 7 students including the petitioner to remain present at 3.10 p. m before the College Disciplinary Committee on 23/03/1989 in the Office of Prof. K U. Joshi in Electrical Department. The intimation was given to other members of the Committee with a request to remain present at the relevant time and place. At the initial stage the petitioner stated that he had not received any such notice but in the Affidavit-in-rejoinder the petitioner admitted that he received notice dated 21/03/1989 directing him to remain present before the College Disciplinary Committee of which Dr. B. Majmudar was the Chairman and accordingly he went to Dr. Majmudar in the Electrical Department who refused to record his statement. The Committee headed by Prof. Joshi then held the inquiry at 3 10 p. m. on 23/03/1989 in the Conference Room of the College and submitted the Report on 25/03/1989 The Committee held the petitioner having been involved in the incident of causing hurt and instigating other students to cause hurt to Harish Umrigar in the Sardar Vallabhbhai Regional College of Engineering and Technology Campus at night on 19/03/1989 and creating tension in the College behaving rudely with 2 to 3 Faculty members and not pacifying the students and to control the situation as a leader of student community and thus failing in his responsibilities The Committee also held that the petitioner absconded during the Police investigation and failed to obey the instructions issued by the Hostel Warden in that connection and created awkward situation before the Police Officers. The Committee members then unanimously recommended that the petitioner be rusticated from the College for the involvement in the shameful incident and so far as the other 5 to 6 students were concerned the charges against them should be referred to the College Disciplinary Committee to take further action in the matter. On receiving the report Dr. P. R. Mehta issued notice on 25/03/1989 to the petitioner to remain present at 3.10 p. m. on 27/03/1989 in the Conference room of the College before the Committee of the College Wardens in connection with the incident that took place on 19/03/1989 night. It was also stated that in case of failure to remain present the Committee will finalise the decision. That notice was affixed on the College Notice Board (main building) Hostel Notice Board Hostel No. 3 and was also sent to the Chief Hostel Warden. The Head Clerk (Hostels) went to the room No. BG-2 in Hostel No. 3 where the petitioner was residing at 9.15 a. m. but the petitioner was not found present. The father of the petitioner was informed and he remained present before the Committee. The Disciplinary Committee consisting of all Heads of Departments all Hostel Wardens. Members of the College Disciplinary Committee Senate members representing the College in the South Gujarat University and Senior Professors held on 27/03/1989 to consider the Report of the Inquiry Committee regarding the incident which took place on 19/03/1989 in which Municipal Corporator was caused hurt by some of the students who were instigated by the petitioner. The Committee decided that the petitioner be rusticated with immediate effect from the College for three years. So far as other students who were also served notices were concerned the Committee decided that their cases should be entrusted to the Inquiry Committee for further investigation and the disciplinary action should be taken after the Report of the Inquiry Committee. The petitioner is accordingly rusticated for the period of three years from the College. The Principal who is President of the Students Council by a separate order-dated 27/03/1989 dismissed the petitioner as the General Secretary of the Students Council and nominated Mr. Shethna Amar P. as the General Secretary of the Students Council for the remaining part of the academic year 1988-89.