Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Prohibition of Ragging Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Prohibition of Ragging Act, 1999 – s.6(1) –Appellants after completing MBBS course were pursuing PG DegreeCourse (M.D.) in Gynaecology and Obstetrics and were alsoworking as residents in a Hospital attached to their College – Astudent, a year junior to the appellants, resident in the sameDepartment and pursuing the same course committed suicide – FIRregistered against the appellants – Appellants suspended by theDean of the Hospital and the College – Bail granted to the appellantsby High Court with certain conditions – While some conditions werelater relaxed/recalled, condition no.(iv) on the appellants to notenter their College and the Hospital was maintained – On appeal,held: To take appropriate action u/s.6(1), the concerned head ofthe educational institution must prima facie be satisfied that theallegations against the student have been found to be true,whereafter, an order of suspension can be passed – In the presentcase, the order of suspension does not even record any such findingor prima facie view – It was not passed by virtue of power entrustedu/s.6(1) but was on the ground that there was an FIR against theappellants – Thus, order of suspension is not referable to s.6(1) –Further, apart from s.6(1), no other statutory provision has beenreferred to or relied upon – On balancing the competing claims, thecondition is relaxed and the appellants are permitted to go back tothe College and the Hospital to pursue their studies, subject to theconditions as stated, otherwise the pendency of prosecution againstthem will add further penalty in the form of prejudicing their career– Any such adverse impact will negate their rights u/Art.21 – Codeof Criminal Procedure, 1973 – ss.174 and 164 – Penal Code, 1860– s.306 r/w s.34 – Scheduled Castes and Scheduled Tribes(Prevention of Atrocities), Act, 1989 – Maharashtra MedicalCouncil Act, 1965 – s.22(1) – Medical Council of India PostGraduate Medical Education Regulations, 2000 – Medical Councilof India (Prevention and Prohibition of Ragging in Medical Colleges/Institutions) Regulations, 2009 – Paras 7, 8 – Constitution of India– Art.21. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2020 INSC 581 |
Petitioner | Ankita Kailash Khandelwal And Ors. |
Respondent | State Of Maharashtra And Others |
SCR | [2020] 8 S.C.R. 1007 |
Judgement Date | 2020-10-08 |
Case Number | 660-662 |
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