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Judgment
P.D. Desai, C.J.—This suo-motu writ proceeding is initiated on the basis of a letter received by one of us (Chief Justice) from the parent of a student in the Himachal Pradesh Medical College, Shimla, complaining about ragging within and without the precincts of the College and its hostel. Annexed to the said letter was the letter in original received by the parent from his ward. Copies of both the letters constitute the memo, of the writ petition. Be it stated, however, that the original letter of the parent, which bears his name, address and signature, as also the original letter of his ward, are not placed on the record of this proceeding, in view of the request made in paragraph 6 of the letter to the effect that the identity of the author should not be disclosed on account of fear of reprisal. For the selfsame reason, certain portions of both the let ers have not been reproduced in the copies which constitute the memo, of the writ petition.
After the present writ petition was registered and listed for preliminary hearing to-day, Anr. letter was received by one of us (Chief Justice) purporting to be from "Social Workers" on the same subject. Annexed to the said letter was a copy of the letter addressed by them to the Prime Minister and Chief Minister, in which similar complaint about ragging is made and specific incidents with names of the persons involved have been mentioned. In the annexure, that is, in the copy of the letter addressed to the Prime Minister and Chief Minister, a request is found to have been made not to make disclosure of the facts therein contained on the ground that the junior students might have to face greater harassment. Under the circumstances, while ordering that copies of letter received by the Chief Justice together with the annexure be tagged on to and be placed on the record of this writ petition, certain portions which gave names of the victims as well as of the suspected culprits have been ordered to be deleted from the copy of the annexure which is placed on record.
Both the sets of original letters are with the Secretary to the Chief Justice and the competent authority will be at liberty to inspect the same after obtaining orders of the Court.
On a combined reading of all these documents the allegations which surface are: (1) that the practice of ragging on a noticeable scale is prevalent in the institution in question, (2) that ihe junior stvdents, male as well as female, are subjected to inhuman and humiliating treatment including physical violence by some of the senior students, (3) that they are compelled to indulge in violence and or other forms of criminal activity against third parties, in order that senior students may gain some advantage or benefit in their dealings with such third parties, (4) that the ragging extends also to preventing or obstructing the junior students from attending classes and adding to their burden by passing on to them some of the acade mic work which senor students are required to do themselves; (5) that the junior students are living in mortal fear of the rowdy elements amongst the senior students, (6) that they and their parents are afraid even to make any open complaint against such hideous activities for fear of reprisal, (7) that the College administration is held at ransom by a few persons with vested interest, (8) that is unable to contain the violence perpetrated upon the junior students by some of the senior students, (9) that practically no action against the perpetrators of such inhuman and shameful deeds is taken even in cases where there is strong proof, (10) that when action is initiated in but a few cases, the proceedings are dropped midstream or the penalty originally imposed is ultimately diluted or com pounded, (11) that the situation is causing considerable anxiety and apprehension in the minds of the parents and of those sections of the society which are interested in the maintenance of proper decency and discipline in educational institutions and (12) that the College Administration has failed to inspire confidence in the minds of students, parents and well-wishers in regard to its capacity to deal with the problem.
An advance notice of the petition having been served upon the State Government and upon the College authorities as well as upon the Himachal Pradesh University, those authorities have put in appearance through their respective counsel. The Director of Medical Education-cum-Principal of the Himachal Pradesh Medical College, Shimla, has filed an affidavit in reply opposing the admission of the writ petition. Briefly stated, the case of the College authorities is; (1) that it is a "general tendency" or "phobia" amongst fresh entrants to the Colleges that when they face their seniors they experience "a sense of gloominess or inferiority", (2) that the Medical College is not free from ragging confined to "decent standards" like any other professional Colleges, (3) that no untoward, gruesome, heinous or criminal type of ragging has ever come to the notice of the College authorities, (4) that the College authorities are vigilant within "their available ambit and orbital sphere" to nip the evil of ragging in the bud, (5) that the allegation that deplorable condition prevails in the College is false and baseless, though it is a fact that some students and social workers have lodged anonymous complaints with regard to ragging with the College authorities as well as with the higher authorities, (6) that the College Council, at the commencement of the sessions, discusses certain preventive and rescue measures which are to be enforced with the assistance of academicians, police and even CID personnel, (7) that the measures adopted during the current academic session consist of:
(a) a warning to the senior students not to indulge in ragging issued through a general notice;
(b) the appointment of an anti-ragging committee comprising Professors and Heads of Departments and Wardens of Hostels;
(c) a meeting which was addressed by the Principal at which students were advised not to harass or tease junior students;
(d) surprise visits and checks made in the College premises and hostels; and
(e) Inspector General of Police has been instructed to check *he evil outside the College complex.
(8) That two glaring instances in which students were found indulging in such nefarious activities had coms to notice recently and that those cases were discussed/considered in the College Council and that exemplary punishment was awarded to five students by suspending them from attending classes for a period of 4 to 6 months, (9) that all measures are being taken by the College authorities. to curb ragging, and (10) that it is patently false, unjustified and baseless to hold College authorities responsible for not checking such activities.
The Director-cum-Principal has annexed to his affidavit, as Annexures IV and V, copies of the orders dated March 28 and April 16, 1984 respectively, where under five students have been visited with the penalty of suspension from attending classes for specified periods. Under the order at Annexure-IV, three students prosecuting studies in the fourth year were suspended from attending classes for a period of four months on and from the date of issue of the said order on the ground that they were found guilty of "gross indiscipline and misconduct" in view of their "having been involved in ragging the first year students". Under the order Annexure-V, two students, one prosecuting studies in the final year and the other in the second year, were suspended from attending classes for six months with immediate effect on the ground that they had "indulged in the very shameful and dangerous ragging which act on their part amounts to gross indiscipline and misconduct". Pursuant to the directions of the Court, the College authorities have produced a bunch of papers concerning the incidents of ragging and the penal action taken against some of the students involved in such activity. From the said bunch of papers, the record of proceedings on the basis of which the penalty of suspension from attending classes for a period of six months was imposed upon two students under the order at Annexure-V could be traced out. The record shows that on March 27, 1984 a meeting of the College Council was held to consider, inter alia, the action which was required to be taken against those students for having indulged in ragging the female students prosecuting studies in the first year in "very shameful manner". During the course of discussion all the members expressed the view that the behaviour and conduct in general of those two students had been found to be "undesirable and objectionable" and that "in view of their conduct before the above incidents" it, was necessary to rusticate both of them from the College. The College Council again met on March 30, 1984 to discuss the memorandum given by the Students'' Association on March 24, 1984 and arrived at a decision that if these two students apologised for their guilty conduct and the Association gave an as urance that such types of incidents would not occur again, the decision, earlier taken could be reviewed. Pursuant to the above decision, the two students concerned appear to have tendered their apology on April 7, 1984 and held out an assurance that they would not indulge in such activities in future. Thereupon, the College Council again met on April 9, 1984 and decided to reduce the penalty of rustication to that of suspension for 6 months.
The foregoing narration of facts indicates that the practice of ragging is prevalent on a noticeable scale in the Medical College and Hostels annexed thereto, that even outside the precincts of the College and the Hostels, the ragging of junior students by some of the senior students is prevalent, that the ragging takes the form of subjecting the junior students (including female students) to inhuman and humiliating behaviour including physical violence and that occasionally it tends to interfere with the prosecution of their studies, that the students and their parents are not willing to come forth to identify the culprits for fear of reprisal and that the College administration appears to have lost the trust of a large section of the students and their parents in the matter of its capacity to deal with the problem and to afford protection to the victims. Whether or not there is justification for the loss of faith is a matter on which the Court expresses no opinion at this stage. But the very fact that the College administration has lost confidence of a sizeable section of the students, parents and well-wishers as regards its capacity to deal with the problem of ragging is a serious matter. The College authorities are in loco-parentis to all the students, whether male or female, who may be studying in the College and/or living in the hostel, and they shoulder great responsibility in respect of the students because their guardianship has been entrusted to their care especially in respect of students who are living in the hostels attached to the College. If an impression is created in the minds of the parents as well as of the students that the problem of ragging is treated as a matter of small consequence, serious results might ensue. The rowdy elements amongst the senior, students would be encouraged to increase their questionable activity, the institution will earn a bad name and the parents may be compelled as a last resort to withdraw their wards from the College and/or hostel even at the cost of stopping their further education. It can hardly be disputed that the College authorities are under an obligation to take a strict view of such despicable activities and to punish the miscreants . after holding a suitable inquiry. However, the Court cannot help observing that an impression is left on its mind that prima- facie there is some justification in the grievances that the College administration is unable to contain the ragging because the action, if any, taken against the guilty students in but a few cases, is not adequate enough to act as a deterrent.
Having regard to all the circumstances of the case, it appears to be expedient in the interest of justice to issue certain directions to the College as well as to the State authorities. The Court, therefore, passes the following order:
(1) The fourth Respondent will produce along with an affidavit the following documents:
(i) Copies of complaints regarding ragging received in the course of the current and the two preceding academic years from students, parents, guardians or citizens;
(ii) Record of the inquiry, if any, held upon each of such complaints and the actions, if any, taken pursuant thereto against the guilty students.
(2) The State Government will, within a period of 7 days from the receipt of the copy of this order, set up a Committee consisting of the Vice-Chancellor of the Himachal Pradesh University and the Secretary to the Government, Health Department, to discharge the following functions:
(i) To call for the record relating to and to re-examine all complaints regarding ragging received by the College authorities during the course of the current and the two preceding academic years and to report whether, on the facts and in the circumstances of each case, the action taken was proper and adequate, and whether the penalty, if any, imposed was commensurate with the mis-conduct held proved; if not whether any enhancement of penalty is called for on the facts and in the circumstances of the case;
(ii) To hold a fact-finding inquiry into any complaint regarding ragging which might be lodged before it by any student or parent or guardian or citizen and to recommend imposition of suitable penalty upon students found guilty of such mis-conduct;
(iii) To make recommendations in regard to the curative,'' preventive and punitive measures to be adopted by the College authorities to control and curb the ragging and the machinery to be set up to enforce those measures.
The committee will evolve its own procedure for holding inquiry into the complaints of ragging which might be lodged before it. Having regard to the fact that students and parents/ guardians are not coming forward to lodge the complaints for fear of reprisal, the committee may hold out a promise of confidentiality to the aggrieved parties and give an assurance that the names of the complainants will not be disclosed. Suitable machinery will be evolved by the Committee to ensure confidentiality and safekeeping of the complaints in its own custody in order to ensure confidentiality. While holding the inquiry, the Committee may be guided by the principles laid down in Hira Nath Mishra and Others Vs. The Principal, Rajendra Medical College, Ranchi and Another, insofar as they may be found applicable to the cases in hand. The Committee will complete the inquiry and submit its report in a sealed cover within a period of six weeks from the date of its constitution to the State Government and a copy thereof will also be forwarded in "a sealed cover to the learned Advocate General for being placed on the record of this case.
In order to enable the Committee to satisfactorily discharge its functions, the Court issues the following further directions:
(i) The Registrar will forward to the Vice-Chancellor of the Himachal Pradesh University a copy each of this writ petition, the return filed on behalf of the Respondents, and a copy of this order within a period of 7 days of the constitution of the Committee;
(ii) The Secretary to the Chief Justice will, in a sealed cover, forward to the Vice-Chancellor of the Himachal Pradesh University, a photostat copy of the original letters, which have been treated as the memo, of this writ petition, within a period of 7, days of the constitution of the Committee;
(iii) The fourth Respondent will, within a period of 7 days of the constitution of the Committee, produce before the Committee a copy of the affidavit, together with its enclosures, which he has been ordered to file in the present proceedings under the instant order;
(iv) The fourth Respondent will, within a period of 3 days from the date of the receipt of a copy of this order, prominently display on the notice-board of the College as well as of the Hostels, a notice that a committee as aforesaid has been set up under the orders of this Court to discharge the functions above mentioned, and that any student/ parent/guardian, who is desirous of lodging a complaint regarding ragging before the Committee, may do so by addressing a letter to the Vice-Chancellor of the Himachal Pradesh University in a sealed cover marked "confidential" and bearing the inscription "Ragging Investigation Committee" and giving therein all necessary particulars in support of the complaint. The notice will further specify that if the complainant is desirous of the complaint being investigated into confidentially, he may make a request to the Committee accordingly. A copy of such notice will also be forwarded to the parents/guardians of each student studying in the first year class at the address registered with the College authorities.
The matter to be posted on May 7, 1984 for passing further orders.
Mr. Kapil Dev Sood is requested to assist the Court at the further hearings of the petition. Let a copy of the petition be supplied to him within 24 hours.
Dasti order on usual terms.
Let the Registrar forward a copy of this order to the parent of the student whose application has been treated as the memo of this writ petition.
MAY 23, 1984
In light of the averments made in the application, the material brought on record and having heard the learned Counsel for the parties, the Court passes the following order:
(1) The Committee constituted pursuant to the order made on April 30, 1984, will, in addition to the functions which it is required to discharge as per the directions given in the said order, will also discharge the following function: -
To hold a fact-finding enquiry into any complaint of misconduct including indisciplined and improper behaviour on the part of student(s) of the College, whether within or without the precincts of the College and Hostel premises, concerning or involving or relating to a student of any other educational institution of Shimla and to recommend imposition of penalty upon the student(s) found guilty of such mis-conduct and to suggest appropriate measures and machinery for the future prevention and punishment of such misconduct, if any, on the part of the students of the College. The direction aforesaid shall form part of the order, dated April 30, 1984 and it shall be read as item (ii-d) of the directions issued in para (2) at page 9 of the said order. The State Government will issue a corrigendum notification incorporating the above direction in the notification dated May 18, 1984, which it has issued pursuant to this Court''s order, dated April 30, 1984.
(2) If the Committee, at any stage of its deliberations., finds that in order to enable it to discharge its functions properly and effectually, it is essential that adequate publicity should be given in newspapers as regards its constitution and functions entrusted to it; it will be competent to the Committee to direct the publication of an advertisement in the form and manner prescribed by it in such newspapers as it considers fit and proper, and, upon such direction being received from the Committee, the State Government shall implement the same with the utmost expedition.
(3) The learned Advocate-General and Mr. K.D. Sood will be entitled to an audience before the Committee, if they or any one of them so desires, and they will render to the Committee such assistance as is required of them.
Directions (2) and (3) above shall also form part of the order, dated April 30, 1984.
Writ of this order be served upon the Respondents as well as upon the members of the Committee.
Dasti order on usual terms.
JULY 24, 1984
The report dated June 26, 1984 made by the Ragging Investigation Committee (hereinafter to be referred as "the report"), which was forwarded by it to the learned Advocate- General on June 28, 1984, was submitted by the learned Deputy Advocate-General in a sealed cover to the Registrar of this Court on June 29, 1984. The Registrar has duly placed the said sealed cover before us. Upon a perusal of the report, we are of the view that a copy of the report, save and except the portions covered by brackets in red on pages 7 and 8 of the report, be placed on the record of this case. Order accordingly.
In light of the findings recorded and observations and recommendations made in the report, the following directions are issued:
(1) Let the recommendations (pages 20 to 25 of the report) made by the Committee in regard to curative, preventive and punitive measures to be adopted in order to control and curb the ragging and the machinery to be set up to enforce those measures be extracted and served upon the State Government for taking appropriate action in light of the recommendations.
The Chief Secretary to the State Government will file an affidavit within a period of three weeks from ! the date of the receipt of the writ setting out the j action proposed to be taken on the recommenda-I tion contained in paragraph 16 (first part) of the j relevant portion of the report.
The Secretary (Home) to the State Government will file an affidavit within the same time-limit setting out the action proposed to be taken on the recommendation contained in paragraph 14 of the relevant portion of the report.
The Secretary (Health) to the State Government will file an affidavit within the same time-limit setting out the action proposed to be taken on the recommendations contained in the remaining paragraphs, save and except paragraph 15 and 16 (second part) of the relevant portion of the report.
The writ to be served on the Chief Secretary to the State Government.
(2) Let a similar extract from the report be served upon the Vice-Chancellor of Himachal Pradesh University for taking appropriate action on such of the recommendations the enforcement of which could be ensured by the University and, more particularly, the enforcement of Ordinances 22.15, 22.16 and 22.17 and the recommendation contained in paragraph 16 (second part) of the relevant portion of the report.
The Vice-Chancellor will file an affidavit within a period of three weeks from the date of the receipt of the writ setting out the action proposed to be taken on the relevant recommendations.
(3) Let a writ issue to the Director of Prosecution of the
State Government to direct the prosecuting agencies to vigorously prosecute the criminal cases pending in the Courts at Shimla against students of the Medical . College as per list Annexure-B to the letter No. 16951 dated June 26, 1984, addressed by the Superintendent of Police, Shimla, to the Vice-Chancellor, Himachal Pradesh University. The writ to be issued will enclose a copy of the said Annexure-B. The Director of Prosecution will call for monthly reports of the progress of the cases from the prosecuting agencies and will ensure due compliance with these directions by issuing necessary directions from time to time to such agencies. The Director of Prosecution will file an affidavit within a period of three weeks from the date of the receipt of the writ setting out the action taken/proposed to be taken pursuant to the aforesaid directions.
(4) Let the District and Sessions Judge, Shimla, expedite/issue directions for the expeditious disposal of cases pending for trial in the Courts at Shimla against students of the Medical College as per Annexure-B of the letter No. 16951, dated June 26, 1984, addressed by the Superintendent of Police to the Vice-Chancellor, Himachal Pradesh University. The writ to be issued will enclose a copy of the said Annexure-B. The District and Sessions Judge, Shimla, will call for monthly reports of the progress of the cases from the subordinate Courts and will issue such instructions as he considers fit and proper for the speedy trial of those cases. He will also make a monthly report to the Registrar of this Court in regard to the progress of the trial of those cases and the instructions, if any, issued by him to ensure speedy disposal of those cases. First of such reports will be made to the Registrar of this Court within a period of one month from the date of the receipt of the writ.
(5) Let a writ issue to the Principal of the Medical College directing him to examine the report and to take appropriate action in respect of such of the matters covered by the report which are within his competence. A cop of the report to be served upon the Principal along with the writ.
The Principal will file an affidavit within a period of three weeks from the date of the receipt of the writ setting out the action taken/proposed to be taken pursuant to the findings recorded and observations and recommendations made in the report in regard to several matters including the imposition of penalty on erring students, the enforcement of the relevant Ordinances of the University, the implementation of the various recommendations made in the report with the end in view of curing and preventing the menace of ragging and penalising those found guilty of indulging in the same and the setting up of an adequate machinery to enforce those measures.
The Principal, in the course of the affidavit, will also offer the remarks/explanation of the College authorities in regard to the critical observations made by the Committee concerning the inadequacy of the action taken against some of the students with regard to whom complaints of ragging were received in the course of the current and the two preceding academic years.
The Principal will supply to the Committee, within a period of three days from the date of the receipt of the writ, the names of the students in regard to whom the Intelligence Branch of the Police had reported to him as per Annexure P-15.
The Principal will supply to the Committee, within the same time limit, the names and addresses of the parents/guardians of the following two ex-students of the College:
(1) Shri Dalip Gopalraj Bhandhari. (2) Shri V.S. Tannan.
Let the Principal state in the course of his affidavit the action which he and or the appropriate college authority proposes to take with a view to keeping under check the activities of the 14 students named by the Committee at page 6 of the Report as having . been involved in ragging in the past and with a view to ensuring that they do not again indulge in such activities.
Let the Principal place the case of the student, Shri Baldev Singh s/o Shri Jagat Ram Dhial, Final Year student, H. P. Medical College, Shimla, who had tendered a written apology on November 9, 1981 and whose case was not placed by the Principal before the Disciplinary Committee which held its meeting on November 18, 1981 on account of such apology, before the Disciplinary Committee, within a period of 15 days from the date of the receipt of the writ, for appropriate action in light of the observations made by the Committee at page 12 of its report. The Principal will place on the record of this proceeding the decision arrived at by the Disciplinary Committee in regard to the said student upon consideration of his case as directed hereinabove.
(6) Let the Committee hold a fact finding inquiry in the cases of the four Second Year students against whom a report about their having been actively engaged in ragging was made by the Intelligence Branch of the Police as per Annexure P-15 and make a supplementary report containing its findings and recommendations including the recommendation as on penalty.
Let the Committee also hold a fact finding in juiry in the cases of students against whom crimina1 proceedings were instituted and who were either acquitted or who entered into composition arrangements in the criminal proceedings and whose names have been furnished to the Committee by the Superintendent of Police, Shimla, under his letter No. 16951, dated June 26, 1984 and make a supplementary report containing its findings and recommendations including the recommendation as to penalty. The learned Deputy Advocate-General will furnish to the Committee a copy of the said communication dated June 26, 1984, if the Committee is not possessed of the same.
(7) Let notice issue to Shri Pushap Raj Shitak s/o Shri B.R. Shitak, Final Year student, H.P. Medical College, Shimla-1, and Shri Pritam Chand, son of Shri Ranjit Verma, Second Year student, H. P. Medical College, Shimla-1, returnable on August 7, 1984, to show cause why the order at Annexure-30 and Annexure-31 should not be quashed and set-aside and why their cases should not be directed to be re-examined by the appropriate College authority in light of the following observations made in the report of the Ragging Investigation Committee:
Further, the College Council on the basis of apology tendered by them reduced the rustication period of S/Shri Pushap Raj Shitak and Pritam Chand to six months and during this period they were suspended from the classes but they were not expelled from the hostel for the period of expulsion/suspension.
Adjourned to August 7, 1984.
AUGUST 21, 1984
The Court observes from the affidavit dated August 18, 1984, and the annexures thereto, filed by the Director- Principal, Himachal Pradesh Medical College, Shimla, that the case of Ashwani Kumar has been dealt with by the College Council only on the basis of his misconduct in representing himself as Ashok Kumar before the police, thus suppressing his real identity and impersonating for a fictitious person. The College Council was of the view that when Ashwani Kumar asked for an umbrella from his two female class-mates at the instance of some senior students, his conduct could not be regarded as falling within the concept of "Eve-teasing" and that, therefore, no action was called for against him in connection with the incident in which he was found to have been involved.
The Court does not propose to interfere with the action taken by the College Council on the facts and in the circumstances of the case. However, the Court would like to make a few observations for the future guidance of the College Council in such or similar cases.
The word "Eve-teasing" is a word of wide import. It has no fixed or precise meaning which can be applied to all the situations. On the facts and in the circumstances of each case, a reasonable inference will have to be drawn whether the proved conduct with a member of the female sex is such which could be regarded as amounting to "teasing", that is, disturbing or annoying by persistent irritating or provoking action or petty tenacious request ''or attempting to provoke anger or resentment or to compel acquiescence by persistent efforts, or engaging in any activity which amounts to tormenting; tantalizing, provoking or importuning. The presence of these factors or any of them in the conduct of a male student with a member of the other sex will constitute "Eve-teasing". These guiding factors may be borne in mind by the College Council while dealing with such charges.
When a college student is found to be involved in a misconduct in respect of which a report is also lodged with the police, the College authorities are not obliged under all circums-tances to close their eyes and to postpone taking any action for such misconduct on the ground that the law must be allowed to take its own course. The proper course under such circumstances, would be to consider, on the basis of such material as is available with the College authorities, whether any action in accordance with law for the misconduct is expedient and necessary in the interest of the academic discipline.
If it is found in a given case that besides the student named, some other students are also found to have been involved in any activity amounting to misconduct, the duty of the College authorities does not end merely by dealing with the student concerned. They must also initiate action against the other students who are found to be involved in the misconduct. Having held a proper enquiry in accordance with law, all such student(s) must be dealt with as facts and circumstances of the case require.
In the case of Pushap Raj Shitak and Pritam Chand, the Court has perused the affidavit dated August 7, 1984 filed by both these students as well as the aifidavit dated August 18, 1984 filed by the Director-Principal, Himachal Pradesh Medical College, Shimla. The Court is satisfied that the apology was not tendered by these two students as a result of any plea-bargaining and that no assurance was held out by the College authorities that they will be treated leniently if they offered apology. Having regard to the recommendation made by the Ragging Investigation Committee, the orders an Annexures 30 and 31 are quashed and set-aside and the case of those two students is directed to be re-examined by the College Council which will pass appropriate orders in accordance with law against them for the misconduct in question bearing in mind all the circumstances of the case.
The Court observes that the direction given in paragraph (5) of the order dated July 24, 1984, to the Director-Principal, Himachal Pradesh Medical College, Shimla, in regard to the action taken or proposed to be taken with a view to keeping under check the activities of the 14 students named by the Committee at page 6 of the report as having been involved in the ragging in the past, so that they do not indulge in such activities in future, has not been fully carried out. In paragraphs 12 and 14 of the affidavit dated August 18, 1984, the Director-Principal, Himachal Pradesh Medical College, Shimla, has furnished information regarding the action taken in connection with the 9 out of hose 14 students. There is no reference to the action taken or proposed to be taken qua the rest. The Director-Principal, Himachal Pradesh Medical College, Shimla will file a supplementary affidavit reporting compliance with the direction of the Court in regard to the remaining students.
Adjourned to September 11, 1984.
Dasti order on usual terms.
SEPTEMBER 18, 1984
The Court has issued various directions from time to time to different authorities. In order to secure their comp liance/further compliance, the Court directs as follows:
(1) The Chief Secretary to the State Government will file an affidavit within a period of six weeks from the date of the receipt of the writ setting-out the further action taken in the direction of the implementation of the recommendation contained in paragraph 16 (first part) of the relevant portion of the report of the Ami-Ragging Committee ;
(2) The Director of Prosecution will ensure that the prosecuting agency expedites the process of service and supply of documents to the accused in the pending cases before the Courts at Shimla. The Registry will forward to the Director of Prosecution a copy of the communication dated September 4, 1984, received from the District and Sessions Judge, Shimla, in order to enable proper follow-up action being taken in regard to the matters therein mentioned;
(3) The Anti-Ragging Committee will place a report
on the record of the case with regard to the outcome of the inquiry held pursuant to the order dated July 24, 1984, within a period of three weeks from today; and
(4) The Director-cum-Principa, of the Himachal Pradesh
Medical College, Shimla, will forward to the Anti-Ragging Committee the communications dated August 10, 1984, Annexures 5 and 6 at pages 136 and 137 of the paper-book, within a period of three days from today. The Committee will hold a factfinding inquiry in the cases of students named in those communications and incorporate its findings in respect of those students in the report which it has been directed to submit as hereinabove.
Adjourned to October 15, 1984.
Before P.D. Desai, C.J. and R.S. Thakur, J.
December 19, 1984
The supplementary report submitted by the Anti-Ragging Committee is taken on record. Let a writ issue to the Principal, Medical College, directing him to examine the report and to take appropriate action in respect of such matters covered by the report which are within his competence. A copy of the report to be served on the Principal along with the writ. The Principal will place the decision taken by the competent college authority in regard to the matters covered by the report on the record of this case on or before March 31, 1985.
The learned Advocate-General has produced an uncertified photostat copy of the order of the Supreme Court dated December 10, 1984 in Petition for Special Leave to Appeal (Civil) No. 12612 of 1984. In view of the said order, no other or further action is required to be taken in regard to Direction No. 1 given in the order dated September 18, 1984.
Adjourned to April 1, 1985.
May 7, 1985
In view of the judgment of the Supreme Court rendered on April 11, 1985 in Civil Appeal No. 1499 of 1985, the writ petition does not survive since all other directions issued thus far have been duly complied with. The petition stands disposed of accordingly.
Shri K.D. Sood, who was appointed amicus curiae, has rendered valuable assistance to the Court and we place on record our sense of appreciation for the same.