MD MUSTAFA ASHRAF CHENNAI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) CERTAIN news item were published in dailies just few days prior to 19.01.2010 stating that among other education institutions / Universities, the 5th respondent University namely Saveetha Institute of Medical and Technical Sciences is also sought to be derecognised. On seeing the above news items, a section of the students of that University indulged in violence inside the college premises which led to the damage of the property of the University and some of the students had also gone to the extent of assaulting the teachers and staff. In view of the said incident, enquiries were initiated against almost 191 students, studying in various years in that college, by the 5th respondent University.

(2.) FIRSTLY, W.P. No: 7860 of 2010 is taken up for consideration. Petitioners in this writ petition, three in number, had approached this Court on behalf of all those students against whom enquiries were initiated and sought for a declaration declaring that the disciplinary action by the 5th and 6th respondents against the students of the 5th respondents regarding the incident on 19.01.2010 consequent to the reports of cancellation of their "Deemed University" status is illegal and unconstitutional. They also prayed for a consequential direction to the respondents to accommodate the willing students of the 5th respondent in other colleges of the 7th respondent to complete their course, after directing the 5th respondent to transfer their fees to the 7th respondent.

(3.) ON the above affidavit and as to the nature of the fine and proposed action to be taken, we have heard Ms. R. Vaigai, learned counsel appearing for the petitioners. She would submit that there is no objection for imposition of fine in respect of those students whose names are found in annexure I and II. Learned counsel would further submit that she has no objection for the University imposing a fine of Rs. 30,000/- on those 10 students whose names are shown in Annexure III. As far as the remaining six students are concerned she would request this Court to take a sympathetic view and treat them on par with the other 10 students.