Fenil S. Chauhan vs Principal K.M. Patel Institute and Another

Jayant Patel, J.—The petitioner has preferred the petitioner for challenging suspension order dated 12.12.2007, based on the report of the committee, in which the petitioner was prima facie found indulging into the incident of ragging to the another students. The petitioner has also prayed that he may be allowed to pursue his study uninterrupted without prejudice and he also prayed to allow him to appear in the examination which was to be held on 5.1.2008.

It is the contention of the petitioner that when the petitioner preferred the present petition, the matter was at the show-cause notice stage, and in view of the facts and circumstances prevailing then, this Court (Coram: Abhilasha Kumari,J.) vide order dated 28.12.2007 had issued notice. Thereafter, it appears that on 2.1.2008 before the vacation Judge of this Court (Coram: K.M. Thaker,J.) matter was moved and on 2.1.2008, this Court (Coram: K.M. Thaker,J.) passed the following order:

The petition essentially came to be preferred against the show-cause notice and order of suspension. In view of that challenge, order on 28.12.2007 was passed issuing notice to the respondents, which was made returnable today. Today, Mr. Dave, appears on behalf of both the respondents and submits that the order pursuant to the show-cause notice and inquiry has already been passed. Mr. Joshi, advocate for petitioner, submits that the order has not been duly served on the petitioner. Mr. Joshi, advocate, also submits that his client reserves the right to either accept, abide by and act as per the order of the authority or to decide to challenge it in accordance with law before appropriate Forum. He, however, submits that till the order gets served on his client and he can take appropriate decision or action, as may be advised, his right to appear in Examination may not be jeopardized. Mr. Joshi submits that Examinations are to be conducted from 5th January, 2008. Considering the fact that the ultimate outcome of the inquiry conducted by the respondent authorities is yet to be examined and it may be either in petitioner''s favour or against him or the petitioner in his wisdom may decide to abide by the order, it would be in the interest of justice that the petitioner''s right to appear in Examination is not jeopardized in the meanwhile.

In that view of the matter, the respondents are directed to permit the petitioner to appear in Examination, till final decision is taken and till the controversy is finally resolved, however, it is clarified that it would be open for the authorities to not declare the result of the petitioner and the same may be kept in a sealed cover till then. It is also clarified that on the basis of this order, permitting the petitioner to appear in Examination, the petitioner shall not claim any equity.

With the said direction and clarification, S.O. to 17th January, 2008.

In the meanwhile, respondents may put on record the affidavit, if any, dealing with the contentions raised in the petition and the order, which is said to have been passed.

Direct Service is permitted.

Thereafter, when the matter is further taken up for hearing, the learned Counsel appearing for the petitioner states that the order dated 2.1.2008, has been passed by the college after considering the reply and the report of the Inquiry Committee, whereby the punishment imposed upon the petitioner is modified than recommended by the Inquiry Committee, and the punishment has been reduced to 24 days with effect from 10.12.2007, being the date from which the petitioner was prevented from attending the clinic, classes, hostel and the campus, pending the decision of the Inquiry Committee, provided the petitioner submits unconditional apology to the college in respect of the said incident of ragging, with an assurance that in future, he will never indulge in any manner, and there upon he pays sum of Rs. 5000/- by way of fine to the college, and it will be transferred by the college to the poor patient fund maintained by the Charutat Arogya Mandal. As per the said order, it is also provided that if the apology of the aforesaid nature is not submitted within a period of two days from the receipt of the communication by the petitioner, or the fine of Rs. 5,000/- is not deposited within the said period, the punishment as proposed in the show cause notice would operate with effect from 10.12.2008, and the petitioner will stands suspended from clinics, classes, hostel and campus for period of three months with effect from 10.12.2007.

Mr. Joshi learned Counsel for the petitioner states that the petitioner has accepted the order dated 2.1.2008 of the college, and the petitioner is not desirous to challenge the same. However, he submitted that the result of the petitioner, which has been ordered to be kept in seal cover may be declared.

It deserves to be recorded that as per the report of the Inquiry Committee, the petitioner was found involved, but as onlooker and the punishment was provided in conclusion at category IV and it reads as under:

Keval N. Chauhan, Paras Patel, Laxman Kucchdiya and Fenil Chauhan are suspended from clinic, classes, hostel and campus for the period of three months.

The petitioner and the aforesaid students are situated in the same position. The college after issuing of the show-cause notice and after considering the reply of the students concerned, if has imposed the same punishment to all the aforesaid students, same treatment shall be given in respect to the declaration of the result of the petitioner also. To say in other word if the college has declared the result of the other students namely �SKeval N Chauhan, Paras Patel, Laxman Kucchdiya, then in that case result of the petitioner shall also be declared, but if the result of such students are not declared, the college shall not be required to declare the result of the petitioner.

Subject to the aforesaid observations and directions as the petitioner has accepted the final order of punishment, no further orders are required to be passed. Hence, petition is disposed of accordingly.