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Calcutta HC Upholds Expulsion of Student for Act of Ragging

Calcutta HC Upholds Expulsion of Student for Act of Ragging 

01.04.2021 | Education News | Archive News |

EduLegaL | www.edulegal.org | mail@edulegal.in

1st February 2006, the Calcutta High Court in Sk. Nur Alam vs Director, College of Engineering and Management, Kolaghat upheld the expulsion of the petitioner-student under the West Bengal Prohibition of Ragging in Educational Institutions Act, 2000 for his involvement in ragging of junior students of the college.

An action against the petitioner, Sk. Nur Alam and five other students was initiated under the West Bengal Prohibition of Ragging in Educational Institutions Act, 2000 for their alleged involvement in the ragging of six junior students of the college on the night of 20th October 2003. The miscreants were given reasonable opportunity to defend themselves and necessary inquiry was conducted, after which they were found guilty of ragging. Thereupon, the Director, College of Engineering and Management, Kolaghat expelled the petitioner under section 6 of the West Bengal Prohibition of Ragging in Educational Institutions Act, 2000 by an order dated 28th October 2003.

Section 6 of the Act states as follows:

“6. Without prejudice to the foregoing provisions of this Act, where a student complains of ragging by any other student to the head of the educational institution or to any other person responsible for the management of the educational institution, such head of the educational institution or person responsible for the management of the educational institution shall forthwith inquire into the complaint and if, on such enquiry, the complaint is found to be true, he shall expel the student, who has committed the offence, from the educational institution.”

The five other students were suspended for the academic session 2003-04. They had to submit an undertaking of good behavior in order to be admitted to the college in July 2004. These students and the petitioner’s father separately filed appeals before the Committee constituted by the State Government that were subsequently rejected.

Aggrieved, a writ petition was filed by the petitioner before the Calcutta High Court who submitted that the punishment imposed upon him was disproportionate to that imposed on the other five students. After taking into account the petitioner’s belligerent conduct on multiple occasions in the past, the court observed:

“…simply because the authorities were soft with the other guilty students on whom a lenient punishment was imposed, though it was contrary to provisions of the Act, the petitioner is not entitled to allege discrimination.”

In conclusion, the Calcutta High Court upheld the decision of the committee affirming the order of the Director, College of Engineering and Management, Kolaghat expelling the petitioner from the college. However, the college was directed to issue the petitioner’s transfer certificate if he is so entitled under the relevant rules and regulations.

Ankitha Subramanya | Research Intern | EduLegaL

Webinar on Anti- Ragging Complaints – Inquiry Procedure and Compliance

As a socio-legal initiative aimed at creating awareness about procedure and compliance involved in inquiring into anti-ragging complaints, EduLegaL in association with Aman Movement is organizing a Webinar on 3rd April 2021, encompassing aspects of ‘Anti-Ragging Laws’, ‘Procedure to Inquire into Complaints’, ‘Compliance’ and ‘Report Writing’.

Register for the Webinar by filling the Webinar Form.

To know more about the Webinar, please visit:  https://www.edulegal.org/blog/webinar2/

 

 

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