Allowed

Kaniska Roy and Anr. v. State of West Bengal and Ors.

Calcutta HC19 May 2022WPA/8784/2022

Case brief

AI extract

What is this about?

Court allowed W.P. seeking stay of expulsion while permitting examination access. Ordered punishment via community service, property damages reimbursement, and strict prohibition on campus entry except for exams.

What did the court decide?

Direction to undertake community service, reimburse hospitalization charges, and permit exam attendance subject to non-entry on campus.

Kaniska Roy and Anr. Vs State of West Bengal and… — Education and Admissions | Calcutta HC (2022)

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19.05.2022 Ct. 5 D/L 12 ab

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WPA 8784 of 2022

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Kaniska Roy & Anr. -Vs- The State of West Bengal & Ors.

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Mr. Srijib Chakraborty, Mr. Sunny Nandy, ... for the petitioners Mr. Soumya Majumdar, Mr. Rahul Karmakar, Mr. Sounak Mukherjee … for the respondent nos. 3 to 6 Mr. Debjit Mukherjee, Ms. Rupsha Chakraborty, … for the State

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The petitioners seek stay of a Notice of Expulsion dated 22^nd February, 2022 from the University and for permission to sit for the 8^th semester examination in the B. Tech. Course which is scheduled to be held from 23^rd May, 2022. The Notice of Expulsion was issued on the strength of accounts of eye witnesses, CCTV footage and investigation of the Anti-Ragging Committee of the University. The fact that the petitioners were a party to the acts is not disputed. It is also not disputed that the petitioners were given a hearing before the impugned notice was issued to guardians of the petitioners.

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The University was directed to take instructions as to the steps which the University intends to take against the petitioners.

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Learned counsel appearing for the University submits that the petitioners may be permitted to sit for the 8^th semester examination in B. Tech. in Biotechnology in the University but should not be allowed to enter the University. It is also submitted that the University has incurred an amount of approximately Rs. 40,000/towards damage to property and hospitalization charges of some of the students and security guards.

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Learned counsel appearing for the petitioners submits that the petitioners may be subjected to any strictures provided the petitioners are allowed to sit in the examination.

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After hearing counsel, this Court is of the view that there should be some measures in the form of deterrence so that acts of this nature are not repeated in future by any student of the University. The petitioner should hence be asked to make good the wrong done including damage caused to the property of the University and other expenses borne by the University. Admittedly, the petitioners were a party to the acts complained of and were expelled from the University by reason of such acts.

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The petitioners have admittedly disturbed and disrupted the peaceful environment of the University. The petitioners and some others have acted like a bunch of philistines and conducted themselves in a manner which is directly contrary to what should be expected from a student. Ragging, in all its forms, is antithetical to equality and the dignity and self-respect of students, particularly when it takes on a physical and abusive form. It epitomises regressive behaviour with a perceived right to violate the bodily integrity of a fellow-student. There can be no possible excuse for acts of violence and vandalism in an academic institution.

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The petitioners shall accordingly share the hospitalization charges incurred by the University with the petitioner in WPA 8827 of 2022 for the treatment of some of the students. The petitioners shall also do community service by teaching students in Sadaipur Prathamik Vidyalay and Subhasnagar FP School, Kokapur schools in Barasat, two days in a week for four hours each day for 12 weeks. The community service shall start from the 1^st day of the last paper of 8^th semester examination and continue for 12 weeks thereafter without interruption. The petitioners shall give a report of the classes taken and the quality of teaching imparted to the students during the period of 12 weeks of the community service to the University. The Headmasters of the concerned schools shall also

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certify the fact of the petitioners having rendered the service, as directed above.

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The petitioners shall not be permitted to enter the University except for the purpose of taking the examination, as directed above. The study material and all other examination aids shall be provided to the petitioners so that the petitioners are not inconvenienced in any manner before the examination. The parents/family members of the petitioners shall collect the study material from the University. The quantum for reimbursement of the hospitalization charges and other expenses shall be informed by the University to the petitioners within 48 hours from today and the payment shall be made within 72 hours from the date on which the charges are informed to the petitioners.

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The University shall provide a complete set of study material to the petitioners by 10 p.m. today, i.e. 19^th May, 2022.

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The petitioners shall ensure that there is no disruption in the peaceful academic atmosphere of the University at the time of taking the examination. The University shall be at liberty of informing this Court in case the petitioners cause any violation of the directions given above.

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The University is permitted to communicate this order, as prayed for.

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WPA 8784 of 2022 is disposed of in terms of the

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above.

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( Moushumi Bhattacharya, J.)

Kaniska Roy and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

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Kaniska Roy and Anr. v. State of West Bengal and Ors.

Case brief

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What did the court decide?

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