High Court Bench comes to rescue of four students

November 17, 2011 10:32 am | Updated 10:32 am IST - MADURAI

The Madras High Court Bench here has come to the rescue of four engineering students who were prevented from attending classes and writing their semester examinations for having allegedly spearheaded an agitation against the college after a female student accused the vice-principal of misbehaving with her.

Dismissing a writ petition filed by the Principal of James College of Engineering and Technology at Novalcaud in Kanyakumari district and allowing four writ petitions filed by the students by a common order, Justice K. Chandru directed the institution to allow the students to pursue their course as ordered by the Anna University of Technology (AUT)-Tirunelveli on August 23.

While the college claimed that the students were not allowed to write the exams for lack of attendance, the students alleged that it was nothing but an act of taking vengeance.

They claimed that the victim girl attempted to commit suicide. It led to violence inside the college campus and the institution was closed for a week. Thereafter, the girl obtained a Transfer Certificate and joined another college.

After perusing the case records, the judge said: “Insofar as the allegation about the misbehaviour of the vice-principal with a girl student, the counter affidavit (filed by the college) made only a general denial.

No specific denial was made regarding closure of college followed by the agitation of students and police enquiry and also the particular girl student taking Transfer Certificate and being forced out of the college.

“Even in the affidavit filed in support of a writ petition filed by the college challenging AUT's order, these allegations were not denied with specific clarity.

The denial is evasive and not satisfactory to this court. The fact that the college was closed for a week due to students' agitation leading to police enquiry and the girl student leaving the college, whatever may be the reason, immediately thereafter leads one to believe that there is substance in the allegations made by students.”

Further, pointing out that the AUT too had not believed the explanation given by the college, the judge said: “There is no question of the management preventing them from writing examinations especially when the allegations (made by the students) were accepted by the university prima facie. May be the university does not want to put reasons on record with a view to safeguarding the interest of the college and not to tarnish its image by the conduct of one of the faculty members (vice principal).”

Mr. Justice Chandru also made it clear that the students must be allowed forthwith to pursue their course.

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