The High Court · 2025
Case Details
Acts & Sections
Heard Sri K.V.Vedanta Charya, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education appearing on behalf of the respondent No.1 and Sri Malipeddi Srinivas Reddy, learned standing counsel for Osmania Unaversity appearing on behalf of the respondent Nos.2 & 3.
2. The petitioner aDDroached the Court seekinq amended prayer as under: "...to issue an appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.4 by rusticating and expelling the Petitioner from the College and Hostel through impugned order Lr. No 866/NCA/2025, Dated 25/09/2025 and Transfer Certificate No.1396, Dated 25/OB/2025 issued by 4th Respondent is illegal, arbitrary, unlawful and violation of Arts 14, 79,21 and 2lA of the Constitution of India and consequently set aside both the rustication order and transfer certiFicate and direct the Respondents to allow the Petitioner to continue studies and write examinations...."
3. The case of the n h r in bri ef as Der t h e r in the affidavit fil db '-\ -.-^'1 2 SN, J the oetit o er in suooort of the oresent Wri u nder: - It is speciFic case oF the petitioner that the letitioner is a meritorious student presently pursuing B.Sc. (MECS) 3rd year at Nizam Collerge, affiliated to Osmania University, having successfully completed the first two years of his course without any adverse remarks or disciplinary issues. Crr 05.08.2025. about 200 hostel inmates protested before the F,rincipal Block regarding hostel accommodation and related gnevances. The petitioner submits that the petitioner did not part.icipate in the said agitation, but was merely called by the Colle-cre PRO and was subsequently falsely implicated in the incident. frereafter, the 4th Respondunt - Principal of the College - issueci a rustication order vide Lr. No. 866/NCA/2025 dated 25.O9.)_025, expelling the petitioner from the college and hostel, and also issued Transfer Certificate No. 1396 dated 25.O8.202'5 containing remarks that he was involved in "Indiscipline, Behaviour & Ragging." It is further the case of the petitioner that the said rustication order and the remarks in the Transfer (lertiFicate are illegal, arbitrary, and fabricated, as no prope. enquiry was J SN. J conducted and the purported Anti-Ragging Committee report relied upon by the college is false and contradictory. The report mentions two different dates such as 02.08.2025 and 22,08.2025, raising serious doubts about its genuineness. Further, around 90 hostel students submitted a representation to the 4th Respondent on 15.09.2025 clarifying that no ragging incident had occurred and requested cancellation of the petitioner's Tra nsfer Certificate. It is further the case of the petitioner that the petitioner approached the Registrar of Osmania University (3'd Respondent) on 10.09.2025 and later the Vice-Chancellor (2nd Respondent) on L9.09.2025, who advised the petitioner to give an undertaking that petitioner would not involve in protest activities; however, the 4th Respondent refused to reinstate the petitioner. The petitioner also filed a complaint before the Telangana Human Rights Commission on 30.10.2025 seeking appropriate relief. Meanwhile, the college scheduled the 5th Semester practical Examinations from 10.11.2025 and theory examinaUons from 18.77.2025, for which the petitioner had already paid the examination fees on 07.11.2025, but however, in view of the impugned order of rustication issued by the 4th respondent, !-\ *-'-I 4 SN. .J dated 25.09.2025, the petitioner is not in a posit cn to appear for the exams. Hence, the petitioner filed the present Writ petition. 4 PERU E THE CORD. A. The order lmDuo ned Lr. o.8661 NC o2s. d ted 25.O9.2025 issued bv the resoonden No.4 aqainst the Detitioner i s extracted hereu nd er: - It is hereby informed to all the lteads of the Departments of Mathematics, Electror ir:s, Computer Science, English, and Second Languages that Mr.M.Harsha, B.Sc.(MECs),3'd year (Roil ruo:fb09)310.t016) has been rusticated from the College and Hostel /vith immediate effect. Henceforth, he is not permitted to attend ,:l3sses or enter the college campus under any circumstances B T ePr Lr.N NCA '2o25. d ted
23.08.202s issued the resoond Ns=A-_ts_l1lc Detition era nd another is e racted hereunder:- This is to inform that, as per the recommi:ndation of the Anti-Ragging and Vigilance Committee of Nizam College, the report submitted by the committee on ,l2t-08-2025 has been thorough and carefully examined. It has been decided that the following stud(rr ts are hereby suspended and rusticated from the College itnd Hostel, and Transfer Certificates (TC) shall be issued to lhem under the provisions oF the Anti-Ragging Act of UGC, t,Jew Delhi, on account. of Anti-ragging, indiscipline E,ehaviour and agitated in the institution and hostel premisers. ) SN. J The concerned students are directed to vacate the Hostel and not permitted into the institution with immediate effect, i.e., on or before 23-08-2025 by 5:00 PM. List of Students: S.No. Student Name 1 Mr. Md. Moinuddin BBA(2"u Cou rse 2 Mr.M.Harsha Year) B.$c(MECs), 3'" Year HT.No Number Phone No. 100924145058 75691,43357 100923104016 7013 55121€ DISCUSSIO N AND CONCLUSION:-
5. Learned counsel appearing on behalf of the petitioner impugned, vide the order submits that Lr.No.866/NCA/2025, dated 25.O9.2O25 had been passed by the 4th respondent in ctear violation of principtes of natura! justice and therefore, in view of the fact that the petitioner had not been put on prior notice before the rustication order issued to the petitioner, the petitioner is entitled for the relief as prayed for by the petitioner in the present writ petition.
6. Learned counsel appearing on behalf of the petitioner further submits that the petitioner submitted a detailed representation, dated 1O.O9.2025 to the respondent No.3 to withdraw the order impugned, dated 25.O9.2O25 issued 6 \--1 - .l SN. J by the respondent No.4 against the petitioner, but however, no action had been initiitted by the 4th respondent as on date. 7 r c earrn on behalf of the den No & the r eva m ria I u sth onm e the learned counsel apDearanq on behaliF._of the oetitio thattheo rder i DUOne d, da d 25.O9.202 resDondent No.4 had been ssed with<rut issuin q notice to the oetitioner.
8. Learned standing counsel appearing on behalf of the respondent Nos.2 & 3 further submits that the petitioner and petitioner,s parents were aware of the proceedings, dated 25.Og.2O2S issuect agaanst the petitioner and a detailed proceedings had been passed by the Vigilance/Anti-Ragging Committee wherein it was resolved unanimously by the Committee to rustacate the petitioner both from the College and Hostel for serious indiscipline and derogative behavior with immediate effect. 7/ 7 SN. J
9. Learned counsel appearing on behalf of the petitioner further submits that the respondents may be directed to allow the petitioner to write the 5th Semester Examination of B.Sc., 3'd Year including practical examination starting from 10.11.2O25, duly withdrawing the impugned order, rusticating the petitioner from the College and Hostel with immediate effect, dated
25.09.2(J25 issued by the 4th respondent in the interest of justice.
10. The learned standinq coun sel aooearino on behalf of the res Dondent Nos.2 & 3 fairlv submits that Detitioner mav be directed to out-forth oetitioner' s ort vance as out-forth in the Dresent rit Petition befor the 2nd resDon ent and the same would be considered bv the 2nd resDon ent in acco ance to law, within a reasonable oeriod.
11. Learned counse I aooearino on behalf f the etitioner t dis h aid su mt the lea fned standino counsel aooearlno on behalf of the resoonden t Nos. &3. 8 "-'-ri \ \ - SN. ] L2. Takinq in a) The aforesaid facts and circumstances of the case. consideration I - b) The submissions made by the lt:arned counse! appearing on behalf of the petitioner and tearned standing counsel appearing on behalf of the respondent Nos, 2 & 3 c) The contents of the ordr:r impugned Lr.No.856/NCA/2025, dated 25.O9.2025_(r.e,ferred to and extracted above) d) The contents of the Proceedings Lr.No.829/NCA/2025, dated 23.O8.2O25 issued by the respondent No.4 to the petitioner and another (referred to and extracted above) e) The representation of the petitioner, dated 10.09.2025 addressed to the respondent No.3 The Writ Petition is disoosed of rar.+i.r^ + h petitioner to make a detailed rePlesenta'tio n addressed to the 2nd resoondent herein puttino-forth thq orievance of the petitioner as put-forth in the present Writ Petition pertaininq to allowino the petitioner to -wilc-lhcith ncl udinsllagEla! B.Sc. 3'd Y n - I SN, J examinations which commenced from 10.11.2025, dulv reri+lrel rrrer 6ar the i .l Aa r r rctia r + h netitioner frar the Colle ttc d fla stel w irh tmm ad .ta effect. dated 25.09.2025 issued bv the 4th resDondent erein fo hwi h n e u reDresentation to the 2nd resoondent forthwith, the 2"d resoondent is darected to consider he sa m exDeditiouslv and take a decision oertaininq to the reouest of the to allow the oetitioner to write the sth oetitioner t Semester Examination of B.Sc., 3'd Year includ inq Practical examinations which comme nced from 10.11.2025, dulv consad rinq the reou st of the Detitioner for withdrawinq the imouqned order. rustica tinq the Detitioner from the Colleoe and Hostel wit immediate eff ct, vide Lr.No.866 /NCA/2O25 dated 25.09.2025 issued bv the 4th in accordance to law, in conformitv with resDonde t atu ra I u rovidin of Dersonal h earinq to the Detitioner and all concerned in the tnterest of career of student and also the con erns of t't f s r rte artlc r nd asG a hrtfatrt riate orde .tn +ha sa id reoresent ataon t be subm tte bv the oetitaoner to l0 I '.1 SN. J the nd resD ndent and dulv ommunicate the dec ision on the said subiect issue to the petitioner. H owever, there as to sts. Miscellaneous petitions, if any, pendirq in this Writ Petition, shall stand closed. \-. STY.P.PONNA KRISHNA AS ISTANT REGISTRAR 'i //TRUE COPY// \ SECTION OFFICER ,/ To,
1. The Principle Secretary Department of Higher Education. Secretariat, BRK Bhavan, State of Telangana, Hyderabad.
2. The Vice-Chancellor, Osmania University Hyderabad - 500 007 3. The Registrar, Osmania University, Hyderabad - 500007 4. The Principal, Nizam College, Affiliated to Osmania Univr:rsity, Abids, Hyderabad - 500001.
5. One CC to SRl. K.V.V. VEDANTHA CHARYA Advocat: IOPUCI 6 One CC to SRl. M. SRINIVAS REDDY, SC FOR Osmanrr University Advocate [OPUCl.
7. Two CCs to GP FOR HIGHER EDUCATION ,High Cor rt for the State of Telangana. [OUT]
8. Two CD Copies ASV -:--'-- i,-[:\ ,lii''J ?[ L:(. ). .l { j.', -t-- ..:\ '-- I '-:,1 - -: t. a,r HIGH COURT SN,J DATED:1011112025 ORDER WP.No.34082 of 2025 i\ \i o( /r',< I :l ,'.1'., i.,) i: ;i \,:./ r.\i. ,,)r,., '-d WRIT PETITION IS DISPOSED OF WITH OUT COST N \