Ramadas Ks v. Tata Institute of Social Sciences
Case brief
What is this about?
Ph.D. student suspended by TISS challenged the suspension order. On preliminary objection of alternate remedy of appeal, the Court held appeal before the same Competent Authority who accepted the Committee's recommendation would be illusory, citing 'appeal from Caesar to Caesar'. Petition entertained for further hearing.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.3359 OF 2024 Ramadas KS .. Petitioner Vs. Tata Institute of Social Sciences, Mumbai & Ors. .. Respondents
Mr. Mihir Desai, Senior Advocate, with Ms. Lara Jasani and Ms. Rishika Agrawal, Advocates for the Petitioner.
Mr. Rajeev Kumar Pandey with Mr. Ashish Kanojia, Advocates, i/by PRS Legal, for Respondent No.1-TISS.
Ms. Rui Rodrigues, Advocate for Respondent No.2.
CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 30TH AUGUST, 2024.
P.C. :
- The challenge raised in this writ petition is to the communication dated 18th April 2024 issued by the Officiating Registrar, Tata Institute of Social Sciences - 1st respondent by which the petitioner who has been enrolled as a Ph.D. student has been suspended from the Institute for a period of two years and his entry has been barred across all the campuses of TISS. It is further stated in the said communication that an appeal against the findings of the Committee could be filed within a period of thirty days.
- Mr. Rajeev Kumar Pandey, the learned counsel for the TISS had raised a preliminary objection to the entertainability of the writ petition on
Issues for consideration
1 issue framed by the court
Is the appellate remedy illusory where the Vice Chancellor both accepted the disciplinary Committee's recommendation and is the Appellate Authority?
Parties & counsel
- petitioner
Ramadas KS
- respondent
Tata Institute of Social Sciences, Mumbai
- respondent
Respondent No.2
Coram
Case details
As recorded by the court registry
All orders in this case
21 orders share this CNR
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