KANDARP JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and the learned Counsel for the respondent Nos. 3 and 4. By the impugned order dated 18.02.2010 the guardians of the petitioners have been informed that the petitioners had indulged in beating up two of their junior students on 16.02.2010, with regard to which an F.I.R. was lodged. The order says that considering the incident and on the recommendation of the disciplinary committee of the college the Management of the College has decided to expel the petitioners from the college.

(2.) The F.I.R. dated 17.02.2010 with regard to the incident dated 16.02.2010 has been filed as Annexure to this writ petition. According to the F.I.R. the two junior students assaulted belonged to the 2008 batch. The assaulting party belonged to the 2007 and 2005 batch. The F.I.R. itself mentions that the provocation for beating up of the two students of 2008 batch was that those two students were alleged to have fought and beaten up some other students earlier.

(3.) Considering these facts, firstly the case is only technically of ragging. Normally ragging is seen as harassment of the fresher students. Admittedly, as mentioned above, the reason and motivation and provocation for the assault appears to be of an earlier alleged assault by the two students of 2008 batch.