Proficiency In Academics Not An Excuse To Act Violently With A Female Student: MP High Court Affirms Suspension Order Of IIIT-DM Jabalpur Student

Madhya Pradesh High Court has recently made an observation that being academically good cannot be treated as an excuse when it is clear that the male student has dealt with a female student in a violent and undisciplined manner. The writ petition in the current instance was filed against the disciplinary action taken by the Indian Institute Of Information Technology, Design And Manufacturing, Jabalpur.

The Division Bench comprising of Chief Justice Ravi Malimath and Justice Vishal Mishra underscored that no student can be allowed to pollute the atmosphere of educational institutions. The bench sitting at Jabalpur also inferred that the Student Advisory Committee of Senate (SACS) of the IIIT-DM (Jabalpur), while suspending the petitioner-student for one semester, has reasonably stated that his act has created psychological fear in other female students.

“. The petitioner being a student has to abide by all the terms and conditions and is expected to maintain discipline in the institute…. The paramount consideration by a student for an institute is to maintain discipline on a priority basis. If the discipline is not maintained and the student is found involved in such indisciplined activities then the necessary consequences are required to follow..”, the court added.

Before the High Court, the petitioner's counsel had submitted that the male student was academically exceptional and scored A-class grades in CBSE Exams. Thereafter, he cleared the JEE Mains Exam with a top rank and was admitted to the current institution. In case the suspension order continues, the career of a brilliant student will be jeopardised, the counsel had submitted.

The petitioner's version was that he was merely trying to defend himself after an altercation broke out between him and the female student, which resulted in the latter slapping him. The college authorities allegedly exerted undue pressure on him and his father to apologise to the female student. Even after tendering an apology, the petitioner was subjected to disciplinary proceedings. He was thrown out of the hostel for a semester and suspended from the academic programme w.e.f January 2024, submitted the counsel.

After hearing both sides, the court opined that SACS had passed a reasonable order after it was convinced about the role of the petitioner-student in the incident that occurred on 01.12.2023. The court also refused to reconsider the matter in light of the affidavits submitted by some other students picturising the female student as the aggressor and the male student as the victim. Such affidavits cannot be proof enough to disbelieve the cogent findings given by SACS of the institution, the court observed in the order.

The suspension order was based on the recommendation made by SACS to that effect, the court iterated about the investigation carried out by SACS which brought into light the involvement of the male student. The court added that it was not merely a matter of imposing punishment; it was a matter of discipline to be followed by the said institute.

“…The Student Advisory Committee of Senate (SACS) has recommended for disciplinary measure against the petitioner. The involvement in disorderly violent conduct/action which raised fear or apprehension among other students, harassment of a student on the basis of gender and effect of teasing or generating a sense of shame or embarrassment so as to adversely affect the psychological condition of one fellow female student was levelled against the petitioner…”, the court added by stating that such allegations stood sufficiently proved against the writ petitioner.

Advocate Sanjay Kumar Verma appeared for the petitioner. Government Advocate Rohit Jain represented the state.

Case Title: Prince Raj v. State Of Madhya Pradesh & Ors.

Case No: Writ Petition No. 3654 of 2024

Citation: 2024 LiveLaw (MP) 43

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