A MAHARAJA Vs. ANNA UNIVERSITY

JUDGEMENT

(1.) "Discipline is the hall mark of any educational institution and is the most needed quality in any citizen of this country", said a learned Judge of this Court in a decision B. Muthuvairam v. Principal, Pachaiyappa's College, Chennai, AIR 1997 Mad 121 : (1996) Writ LR 647. The disciplinary action taken by the management of the third respondent college is questioned in the present writ petitions.

(2.) THE petitioners are students of third respondent-Engineering College, On completion of their diploma course, they applied for B.E., in Anna University, Chennai and they were selected and admitted to B.E. (Electrical and Electronics Engineering course in the second year to the third respondent college. According to them, they were admitted to the third respondent college under the government quota for the academic year 2007-08.

(3.) REFUTING the averments made in the affidavit filed in support of the writ petitions, the Principal of the third respondent college, in his counter affidavit submitted that on 4.1.2009, Mr. Karthigaiselvam (petitioner in W.P.(MD) No.1967 of 2009) and four other students, viz., Mr. Maharaja (petitioner in W.P.(MD).No.2624 of 2009) (b) Mr. Anburajan, (c) Mr. G. Malaimurugan (petitioner in W.P.(MD).No.2625 of 2009) and (d) Mr. N. Naveen went out of the Hostel at 10.00 a.m., and returned to the college about 2.15 p.m., under intoxication. Thereafter, they went to the Canteen about 2.30 p.m., for lunch. The respondent has further submitted that the canteen employees supplied food for them. They quarelled rudely with a lady canteen employee to parcel chicken for them for further consumption of alcohol in the college premises. The canteen employees informed the above incident to the canteen manager, who in turn informed the Deputy Wardens of the Hostel, viz., Mr. A. Sathasivam and Mr. A. Ayyanar. Thereafter, the Deputy Wardens enquired Mr. Karthigaiselvam, petitioner in W.P.No.1967 of 2009 and four other students, viz., Mr. Maharaja (petitioner in W.P.(MD).No.2624 of 2009) (b) Mr. Anburajan (c) Mr. G. Malaimurugan (petitioner in W.P.(MD).No.2625 of 2009) and (d) Mr. N. Naveen. In one of their cellphones, a photograph saying "Cheers", while consuming alcohol in the college premises and obscene photographs were found. When the Deputy Wardens enquired them about their conduct, all the petitioners admitted that they had consumed alcohol in the college premises and also the quarrel between the petitioners and the employees of the canteen. Immediately, the Deputy Wardens informed the third respondent over phone about the incident and through the Deputy Wardens, the petitioners were instructed to bring their parents. Accordingly, the petitioners' parents met the principal on 5.1.2009. A Committee was constituted to conduct an enquiry. The enquiry committee conducted a detailed enquiry about the incident (consumption of alcohol drinks in the college premises) that had occurred on 4.1.2009. The petitioners and other students who were involved in the misconduct along with the parents appeared before the enquiry committee on 5.1.2009. They submitted individual letters of apology. The enquiry committee found that the petitioners had indulged in a very serious misconduct of consumption of liquor and therefore, recommended for termination of the petitioners from the college. The Principal of the College has further submitted that Mr. A. Maharaja, Mr. Anburajan, Mr. G. Malaimurugan and Mr. N. Naveen were already suspended for the very same misconduct committed by them on 27.1.2008. Warning and advice given to them did not have the desired effect of correction and therefore, it was decided to accept the enquiry committee's report and dismiss them from the college. He has further submitted that when four students, viz., (a) Mr. Maharaja (b) Mr. Anburajan, (c) Mr. G. Malaimurugan and (d) Mr. N. Naveen consumed alcohol in the college premises and caused annoyance, they were suspended on 27.1.2008. At that time, accepting their unconditional apology, and undertaking that such incident would not happen in future, the college administration had shown leniency and cancelled their suspension, by giving a warning. Even thereafter, they did not mend their conduct and behaved in the same manner. The petitioner in W.P.No.1967 of 2009. Mr. Karthigaiselvam, has also joined the above group of students. In these circumstances, the college administration has apprehended that any leniency shown to the petitioners, would only have a demoralizing effect in the mind of other students and would also pave way to recurrence. When the college administration decided to dismiss the petitioners for their grave misconduct, the petitioners and their parents, requested the college administration to issue Transfer Certificates stating that they are discontinued from the college without indicating anything in the Transfer certificate about the disciplinary action taken against them. Considering the same, the administration issued individual Transfer Certificates, without any adverse entry, taking into consideration of the future life of the students. The third respondent has further submitted that after the notification of the examination schedule, if any student discontinues, the college has to inform the concerned University of the discontinuation of studies, by the student. As the examination schedule has already been notified, the college would send the information regarding the discontinuation of the course by the petitioners in due course. According to them, prior intimation to the University about the dismissal of students from the college is not required. The third respondent has further submitted that adequate opportunity was given to each of the petitioners and therefore, there is no violation of the principles of natural justice. For the above said reasons, they submitted that there is no illegality in issuing the Transfer Certificates to the petitioners and prayed for dismissal of the above writ petitions.