Hira Nath Mishra and Ors. Vs. The Principal, Rajendra Medical College, Ranchi and Ors.

Facts

Three students from Rajendra Medical College, Ranchi, filed a special leave appeal against a Patna High Court decision dated November 21, 1972. The High Court had dismissed their writ petition challenging an order by the college principal on June 24, 1972, expelling them for two academic years (1972-73 and 1973-74) for gross misconduct.

The appellants, second-year students residing in the college hostel, were accused of trespassing into the girls' hostel compound on the night of June 10-11, 1972. They allegedly climbed the hostel's walls, walked unclothed, harassed female students, and attempted to pull one girl’s hand. The girls identified four male students, including the appellants and another student, Upendra Prasad Singh.

A complaint was lodged, and the students were issued a show-cause notice. During the inquiry, the accused denied the allegations and claimed they were in their hostel at the time. After reviewing the case and considering their statements, the inquiry committee found them guilty of gross misconduct and recommended their expulsion for two years.

The appellants filed a writ petition, arguing that the inquiry violated natural justice, as it was conducted without their presence, denied them access to evidence, and did not allow cross-examination of witnesses. The High Court held that rules of natural justice were not inflexible and that in the circumstances and the facts of the case, the requirements of natural justice had been satisfied. The petition was, therefore, dismissed. Hence, the present appeal.

Key Takeaways for Students

Legal Issue

Whether rules of natural justice had not been followed before the Order was passed against them expelling them from the college?

Holding

The Court observed that an independent Enquiry Committee of three staff members was appointed to investigate the incident. The Committee privately recorded the girls' statements and later called the accused students, explaining the charges and obtaining their written responses. Dissatisfied with their explanations, the Committee prepared a detailed report.

The girls identified the accused students from photographs mixed with others, confirming their involvement. The appellants failed to provide evidence supporting their claim of being in their hostel at the time. The Court found that the inquiry fulfilled the requirements of natural justice, considering the sensitive nature of the case and the need to protect the victims from intimidation.

The Court noted that rigid application of natural justice rules was impractical in such cases, as witnesses might fear repercussions. The Committee, acting with integrity, ensured fairness by collecting evidence, informing the accused of the charges, and giving them an opportunity to respond. The procedure followed by the Principal was deemed appropriate, and no further inquiry was necessary.

Final Decision Appeal Dismissed.

Ratio

Rules of natural justice cannot remain the same applying to all conditions.