P VINOTH KUMAR Vs. STATE OF TAMIL NADU REP BY SECRETARY TO GOVERNMENT; PRINCIPAL MADRAS CHRISTIAN COLLEGE; INSPECTOR OF POLICE; DIRECTOR, DIRECTORATE OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1, 3 and 4 and the learned Counsel appearing for the second respondent.

(2.) The petitioner has stated that he has been pursuing his studies in the first year Master of Arts (History) in Madras Christian College, Tambaram. While so, the Principal of the College, the second respondent herein had passed an order, dated 31.3.2009, suspending the petitioner from the college.

(3.) The petitioner has further stated that he is a member of RSYF, which is an organisation formed to safe guard the rights of those who suffer social injustice, including casteism, and for the protection of student rights and socio political rights. The said organisation had joined the agitation relating to the Srilankan Tamil issue by organising demonstrations, processions, meetings etc. On 3.3.2009, the petitioner had participated in a demonstration held in front of the entrance of Presidency College, Chennai. During the said demonstration, some police personnel, including the third respondent, had arrived at the spot in a police patrol vehicle and they started abusing the petitioner and others, by using filthy language. They had also assaulted the petitioner and the other members of the organisation. Thereafter, a first information report had been lodged and a criminal case had been registered in Crime No. 37 of 2009, against the petitioner and others, under Sections 147, 353, 294(b), read with Section 188 of the Indian Penal Code and Section 3 of the Tamil Nadu Public Properties Destruction Act. The petitioner was produced before the XIII Metropolitan Magistrate, Egmore, Chennai, for being remanded to custody. The petitioner had filed a petition, under Section 54 of the Criminal Procedure Code. The injuries suffered by the petitioner had been recorded and he was referred to the Government Hospital for treatment. After the petitioner had been treated he was sent to judicial custody, till 17.3.2009. The petitioner and the others had been granted bail, on 9.3.2009. On 16.3.2009, the petitioner had received a letter from the second respondent college directing him to appear for an enquiry to be conducted by the College Discipline Committee, on 20.3.2009. Pursuant to the letter of the second respondent, the petitioner had attended the enquiry conducted by the College Discipline Committee, on 20.3.2009, wherein he had explained the facts and circumstances leading to the incident that had occurred, on 3.3.2009. On 31.3.2009, the petitioner had received an intimation from the second respondent college that he had been suspended from the college from 31.3.2009, until a clearance from the Police Department, D-6 Anna Square Police Station, was obtained. In such circumstances, the petitioner has preferred the present writ petition before this Court, challenging the said communication from the second respondent college, dated 31.3.2009, under Article 226 of the Constitution of India.