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Judgment
The challenge in this writ petition is against the orders of suspension issued to the petitioners, who are 2nd year MBBS students of the 3rd
respondent college. It is contended that an altercation occurred outside the college premises involving the vehicle of the 1st petitioner and another
person called Sabu. It is stated that this was the incident which led to Exhibits P6 and P7 suspension orders for a period of six months and 12 months
respectively. It is submitted that the period of suspension of the 1st petitioner has already expired and as far as the 2nd petitioner is concerned, the
period of suspension is current. However, the 2nd petitioner has expressed his willingness to tender an unconditional apology to respondents 2 and 3
and the Principal of the college. It is submitted by the learned Senior Counsel appearing for the petitioners that the said apology may be directed to be
accepted and the suspension of the 2nd petitioner may be withdrawn.
A statement has been placed on record by the 3rd respondent.
It is submitted that the petitioners were suspended as a penalty after a detailed enquiry. It is stated that this Court had required the 3rd respondent to
consider the possibility of the 2nd petitioner being permitted to attend classes on the 2nd petitioner and his parent tendering unconditional apology. It is
submitted in the statement filed by the 3rd respondent that the said proposal is acceptable on the following conditions:-
The 1st petitioner and his father should tender unconditional apology before the Principal and other staff. Since there are no physical classes, the
same would be video-graphed and communicated to the other students of the college.
Both the 1st petitioner and the parent also should submit a written undertaking of future good conduct.
Suspension would be withdrawn only with effect from of the date of the 1st petitioner complying with this obligations under 1 &2 mentioned above.
It is stated that there was a further incident where four unknown persons had followed the car of the Vice Principal and his wife, who is an
Assistant Professor in the college and smashed the rear glass of the car. It is stated that the police informally informed the 3rd respondent of the
involvement of the 1st petitioner in the incident also.
The learned Senior Counsel appearing for the 3rd respondent submits that the contents of the earlier counter affidavit placed on record by the 3rd
respondent should be taken note of by this Court before passing any orders in the matter. It is submitted that Exhibit R3(b) report of the enquiry would
show that the allegations were very serious in nature and that there was a specific allegation of physical abuse against the brother of a fellow student
and verbal abuse against a girl student of the same college. It is stated that even in the enquiry conducted, the 1st petitioner had used abusive language
while referring to the girl student who was a complainant against him. It is, therefore, submitted that in the facts of the case, the condition that the 1st
petitioner and his father should tender apology before the staff and that the apology should be video-graphed and telecast is only just and proper.
I have considered the contentions advanced on either side and perused the pleadings and the materials on record. Having regard to the facts and
circumstances of the case, it is directed as follows:-
Since nine months from 4.3.2020 is to expire on 3.12.2020, the 1st petitioner and his father shall appear before the Principal and available staff of the
college at 11 am on 3.12.2020 and tender their unconditional apology. The 1st petitioner shall also verbally undertake to abide by the discipline of the
institution and not to repeat any untoward incidents in future. On such apology and undertaking being tendered, the suspension of the 1st petitioner
shall be limited to nine months from 4.3.2020 and he will be permitted to attend online or physical classes, as applicable, from 4.12.2020.
With the directions, as above, the writ petition shall stand disposed of.