AVINASH BHASKAR Vs. BIRLA INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) The petitioner had been admitted in BHMCT course (Hotel Management) a 4 -years degree course in Birla Institute of Technology (BIT Mesra), Ranchi in the year 2003 and came out successful in all the semester examination including 6th semester by securing first class marks. While the petitioner was in the 6th semester, he underwent six months' training in Seven Star Hotel at Goa from 5.12.2005 to 6.5.2006. After completing training when he returned home, he took admission in 7th semester on 18.7.2006. On 10.8.2006, the Superintendent of Hostel No. 7 and also Associate Deans when came to know that the students of 1st semester of BHMCT course have been subjected to ragging by the senior colleagues from 24.7.2006 to 10.8.2006, the matter was enquired into whereupon seven students of the 1st year of BHMCT course including Gaurav Bhardwaj, Amit Kumar Verma and Satyajeet Srivastava made a complaint in writing that ragging has been going on in the 5th lobby of Hostel No. 7 regularly. Thereupon the matter was reported to the Vice Chancellor on the next day, who asked the Associates Dean to issue notice to all the students of 5th lobby of Hostel No. 7 to vacate the Hostel. Accordingly, the students vacated the Hostel. Thereafter students of the 1st year BHMCT course met with the Vice -chancellor on 30.8.2006 and disclosed the name of three persons including the petitioner who had indulged themselves in the illegal act of ragging. Thereupon, all those three persons including the petitioner were suspended along with one Gilbert Michael Linda and notice to that effect was issued by the Registrar of the Institute. After a week or so, the Registrar, Birla Institute of Technology, respondent No. 2 constituted a committee to look into the alleged act of ragging took place in Hostel No. 7. Thereafter the Chairman of the enquiry committee issued a letter dated 14.9.2006 calling upon the petitioner and other persons to be present before the committee on 16.9.2006 and the Chairman of the enquiry committee asked them to give their statements in writing. Accordingly, it was done wherein the petitioner stated that after coming home of undergoing hectic training for six months, he was quite busy in preparing project report which was to be submitted soon and therefore, he had virtually no time to indulge himself in this kind of act. The Chairman upon going through the statement asked the petitioner to furnish the name of the students who had involved themselves in the alleged act of ragging and accordingly, the petitioner furnished the name of six students including one Ravi Ranjan. Thereupon the committee called upon the students who had earlier made complaint and out of them, only four students, namely, Gaurav Bhardwaj, Satyajeet Srivastava, Amit Kumar Verma and Ravi Ranjan appeared before the committee and made written complaint. Thereafter the committee came to conclusion that this petitioner and other two persons had involved themselves in committing illegal act of ragging with the students of 1st semester of BHMCT course. Thereupon the office order dated 18.10.2006 (Annexure 5) was issued by the Registrar under the order of the Vice -Chancellor, Birla Institute of Technology informing therein that all the three students including the petitioner, who had earlier been suspended are expelled from the Institute and the mid -semester examination papers of the above students were cancelled. Being aggrieved with the said order, this writ petition has been filed.

(2.) COUNTER affidavit has been filed on behalf of the respondents stating therein that initially students of 2006 batch could not disclose the name of senior who had indulged themselves in the act of ragging but one Ravi Ranjan, student of 2005 disclosed the name of three persons including the petitioner and thereafter enquiry was conducted and the members of the enquiry committee after taking into consideration the statement made by the victim students, found the petitioner and other two persons guilty and therefore, the impugned order was passed keeping in view the guidelines laid down by the Hon'ble Supreme Court in the case of University of Kerala v. Council of Principals of Colleges in Kerala SLP (Civil) No. 24295 of 2004.

(3.) IN this regard learned Counsel submits that out of three students, namely, Gaurav Bhardwaj, Satyajeet Srivastava and Amit Kumar Verma, two of them, namely, Satyajeet Srivastava and Amit Kumar Verma have not uttered a single word against the petitioner whereas Gaurav Bhardwaj has simply stated that the petitioner had used abusing language and this statement never seems to have come at the first instance, rather it seems to have come subsequently which gives impression that it is an outcome of after thought brought at the instance of someone carrying grudge against the petitioner. Similarly, Ravi Ranjan against whom a complaint was made by this petitioner of indulging himself in the act of ragging has also stated that this petitioner had only abused the students and, therefore, under these circumstances, punishment inflicted upon the petitioner seems to be too severe which needs to be quashed particularly, when opportunity was never given to the petitioner for defending himself in course of enquiry and even the enquiry report was not given before the punishment was awarded.