✦ High Court of India · 02 Sep 2025

High Court · 2025

Case Details High Court of India · 02 Sep 2025

Court

High Court of India

Decided

02 Sep 2025

Bench

Not available

Length

2,007 words

Acts & Sections

Constitution of India Societies Registration Act 1975

W.P.Nos.19760, 20308 and 20381 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 02.09.2025CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.Nos.19760, 20308 and 20381 of 2025and W.M.P.Nos.22188, 22189, 29541, 22897, 22898, 22899, 22900, 22972, 22973, 22975 and 22977 of 2025S.Aslam ... Petitioner in W.P.No.19760 of 2025M.A.Sayeedh ... Petitioner in W.P.No.20308 of 2025Nahal Ibnu Abullaise ... Petitioner in W.P.No.20381 of 2025-Vs-1. The Director, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.2. The Assistant Registrar, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.3. The Chairperson of Disciplinary Committee, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.4. The Dean of Students Welfare, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.5. The Hostel Warden, New Boys Hostel, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.6. Avinav ThakurPage 1 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 20257. Anbu Kavitha8. Parthasarathy9. Dr.S.Kumaravel ...Respondents in W.PsPrayer in W.P.No.19760 of 2025: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of Rustication dated 25.05.2025 in RIGNIYD/ Admin/ 2025-2026/ 058 passed by the first respondent and quash the same and consequently permit petitioner to complete petitioner's course by attending the exams and internship.Prayer in W.P.No.20308 of 2025: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of Rustication dated 25.05.2025 in RIGNIYD/ Admin/ 2025-2026/ 060 passed by the first respondent and quash the same and consequently permit petitioner to complete petitioner's course by attending the exams and internship.Prayer in W.P.No.20381 of 2025: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of Rustication dated 25.05.2025 in RIGNIYD/ Admin/ 2025-2026/ 059 passed by the first respondent and quash the same and consequently direct the respondent No.1 to permit the petitioner to complete petitioner's course by attending the exams and internship. In all W.PsPage 2 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025For Petitioners : Mr.B.M.SubashFor R1 and R2 : Mr.AR.L.Sundaresan, Additional Solicitor General of India assisted by Mr.A.S.Vijayaraghavan, Senior Panel CounselFor R3 to R9 : Notice served, No appearance COMMON O RDER These Writ Petitions have been filed challenging the impugned orders of Rustication dated 25.05.2025 passed by the first respondent, thereby restricting the petitioners from entering into the institution with immediate effect in accordance with clause 21(I)(1)(b) of Chapter IV of the Rajiv Gandhi National Institute of Youth Development (RGNIYD).2. Heard the learned counsel for the petitioners and the learned Additional Solicitor General of India for the respondents 1 and 2 and perused the materials available on record. Though notice was served on the respondents 3 to 9 herein and their names have been printed in the cause list, today, no one appeared on behalf of the respondents 3 to 9 in person or through pleader.3. The petitioners were final year students pursuing their master degree for a period of two years in Master of Social Works in the College of the first respondent. They had cleared all the papers, except final semester. While being Page 3 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025so, the 6th respondent, who holds the office of the second respondent, is an accused in a case of sexual assault, which is pending before the Police Station at Chandigarh. Therefore, the student body movements of the institute organized a peaceful movement within the college campus on 04.04.2025 demanding his removal. Therefore, the 6th respondent grew vengeance against the students who exposed his criminal case. Because of the same, on 24.05.2025, he visited the hostel premises with the Warden and an Assistant Warden and submitted a report that he found some graffiti painted on the hostel wall by displaying “Jai Bhim” and “Free Palestine”. He also found some cigarette butts and empty liquor bottles. Therefore, the first respondent constituted an enquiry Committee with the third respondent. The respondents 2 to 7 herein were also part of the enquiry Committee. The 6th respondent influenced the enquiry committee, who was breeding vengeance against the petitioners for exposing his pendency of sexual assault case. Thereafter, the petitioners were summoned to attend the enquiry at about 04.00 p.m, on 25.05.2025 through whatsapp. During the enquiry, all the petitioners were forced to confess against the students who are responsible for the protest held on 04.04.2025. Thereafter, without giving any opportunity to file any reply or explanations by the petitioners, the rustication order was passed on the same date viz., 25.05.2025. Immediately, the petitioners requested the first respondent to permit them to attend the examinations to be Page 4 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025held on 26.05.2025 to 28.05.2025. However, there was no reply from the first respondent. Hence, these writ petitions.4. The learned counsel for the petitioners would submit that the first respondent passed a Rustication Order in contravention to Clause 24 of the ordinance in G.S.R.No.170E dated 16.02.2016. The impugned order was passed without giving any opportunity of hearing to the petitioners and without giving any opportunity to submit any explanation. Therefore, it is a clear violation of Principles of Natural Justice. The impugned order is also a non-speaking order, vague and cryptic. In order to remove the 6th respondent for involvement in a sexual assault case, they conducted a protest and due to which, action has been taken against the petitioners. The punishment is excess, harsh and disproportionate to the charges levelled against the petitioners. That apart, the first respondent also filed a suit for damage against the petitioners.5. Per contra, the respondents 1 and 2 filed a common counter and the submissions made by the learned Additional Solicitor General of India appearing for the respondents 1 and 2 revealed that the Rajiv Gandhi National Institute of Youth Development (herein after called as “RGNIYD”) was Page 5 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025registered under the Societies Registration Act, 1975. It offered skill development programs to volunteers and social workers, training master trainers in carrying out social service activities and in youth development activities, etc. It also offered post graduate programs in Social Sciences. It conferred the status of “Institution Deemed to be University”. Though the 6th respondent was involved in the case of sexual offence, he was granted anticipatory bail and the matter has been subjudiced by the concerned Courts. The students who incited such agitations against the 6th respondent in the College were disappointed and they continued to support the students who involve in indiscipline in the Institute to indulge in behaviour having detrimental effects on the discipline and orderly atmosphere within the Institute and in the boys' hostel. The boys' hostel Warden received such information and as such, he was recommended by the second respondent and two others and visited the boys' hostel on 22.05.2025 at about 07.30 p.m. They found objectionable graffiti expressing anti-government sentiments painted on the hostel walls, cigarette butts strewn around in several places of the hostel including the restricted areas and more than 30 liquor bottles in Room No.213 occupied by one of the petitioners herein and submitted a report to the second respondent.6. The standing Disciplinary Committee was constituted on 21.02.2025 Page 6 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025consisting other members. The standing Disciplinary Committee deliberated on the conduct of the delinquent students indicted in the report of the boys' hostel Warden. The report of the Warden and also photographs which were taken during his visit was also produced before this Court. The graffiti expressing anti-government sentiments were found painted on the hostel walls, cigarette butts were also seen strewn around in several rooms of the hostel including the restricted and common areas of the hostel. In Room No.213 and 219, they found painting materials. Therefore, the petitioners were directed to appear for enquiry at about 04.00 p.m on 25.05.2025. They also objected those liquor bottles which were found in their room. They denied that they have indulged in any anti-national or anti-government sentiments.7. The learned Additional Solicitor General of India also produced the Rajiv Gandhi National Institute of Youth Development Ordinances, 2016. The ordinance 24(I)(1)(b) states about the rustication. Accordingly, the student may be rusticated for one year from appearing in any examination from the date of rustication and the student, may with permission of the Head of the Department, Dean and the Director, re-join in the Institute at the time of admission in the following year.Page 7 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 20258. Further, a perusal of the guidelines for the students of the year 2023-2024 revealed as follows:-●“ Disfiguring, littering or damaging property of the Institute is prohibited. This includes graffiti on walls, in bathrooms, furniture or in any Institute's property.●The students in RGNIYD Hostel should not cause any damage or deface the Hostel property. Violators will be liable to compensate the loss/damage to the property as determined by the Hostel authorities. If any fittings/fixture in any Room is found damaged, the cost of the damage shall be collected from all the residents of the Room.●The students in RGNIYD Hostel should not keep association with undesirable outsiders, students/elements nor shall provide them shelter in the RGNIYD Hostel.●The students in RGNIYD Hostel shall not entertain any guests including day scholars undergoing programmes in RGNIYD inside the Room for any reason. If found, suitable disciplinary action will be initiated on the hosteller and the day scholar.●Playing music, dancing or creating objectionable scenario either by action, words or creating noise loudly to the level of indecency to disturb co-students are strictly prohibited.●Consuming liquor/any substance/smoking/chewing, or using drugs or narcotic items and possession of liquor bottle or any sensual drugs including Tobacco, Pan Masala, Khaini, Gutkha, Supari, Zarda, Kimam and cigarettes, beedi, marijuana are strictly prohibited in the RGNIYD students hostel premises as well as in the RGNIYD campus.” 9. Thus, it is clear that the charges are categorically proved against the petitioners and the first respondent had rightly passed an order of rustication. Page 8 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025However, the learned counsel for the petitioners submitted that the punishment imposed on the petitioners are too harsh and it may be reduced for some period. They may be permitted to attend the project with NGO as part and parcel of their course and be permitted to write their examination during the month of December, 2025, since the examinations were already completed from 26.05.2025 to 28.05.2025.10. The learned Additional Solicitor General of India submitted that their case will be considered to write their examinations in the month of December, 2025 and they can also continue their project with NGO, since it is part of their course.11. In view of the above, the first respondent is directed to permit the petitioners to write their final examinations during the month of December, 2025 and also permit them to attend the project with NGO. It is also made clear that the petitioners are permitted to enter into the first respondent Institution only to apply for the examination, fees payment, collection of hall tickets and for writing examinations.12. With the above directions, these writ petitions are disposed of. Page 9 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025Consequently, connected Miscellaneous petitions are closed. No costs.02.09.2025Internet: YesIndex : Yes/NoNeutral Citation: Yes/NoSpeaking/Non Speaking ordermnPage 10 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025To1. The Director, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.2. The Assistant Registrar, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.3. The Chairperson of Disciplinary Committee, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.4. The Dean of Students Welfare, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.5. The Hostel Warden, New Boys Hostel, Rajiv Gandhi National Institute of Youth Development, Sriperumbudur-602 105.Page 11 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.19760, 20308 and 20381 of 2025G.K.ILANTHIRAIYAN. J,mnW.P.Nos.19760, 20308 and 20381 of 202502.09.2025Page 12 of 12

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