'Students Can't Attend Classes In State Of Fear': Madras High Court Upholds Expulsion Of Law Students Accused Of Kidnapping Classmate

The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan observed that the institute's code of conduct prohibited students from engaging in any form of misconduct, including off-campus activities that could affect the university's interests and reputation, and also permitted the university to expel students permanently.

The court also noted that after the crime of kidnapping was registered against the students, it was the duty of the college to take action and ensure a free and conducive environment for students to undergo the course. The court added that the other students could not attend college in a state of limbo and fear.

“Immediately, on the registration of the crime against the appellants and another, particularly, involving kidnapping of a co-student of the respondent college itself, it is the duty of the respondent college to take action and ensure a free and conducive environment for the students to undergo the course. The students cannot attend college courses in a state of limbo and fear,” the court said.

The court added that when undergoing a course in the college, the students were expected to behave and conduct themselves as students and not indulge in any criminal activity affecting the morale of other students. The court added that when the students were involved in kidnapping, nothing remained to be enquired by any committee, when the code itself permitted expulsion.

“When the appellants are undergoing the course in a college, they are expected to behave and conduct themselves as students, and they cannot indulge in any criminal activities affecting the morale of the other students and the interest of the college in imparting education. When undergoing the course, if the appellants had indulged in the act of kidnapping another student and demanded a ransom, in view of the gravity of the offence, nothing remains to be enquired by a Committee, when the code of conduct permits expulsion,” the court said.

The court was hearing an appeal filed by two students against the decision of a single judge who rejected the plea filed by the students against an order of dismissal issued by the college.

The students, who were pursuing an LLB course in the institute, had allegedly kidnapped another student and demanded a ransom of Rs 2 Lakh. Considering the gravity of the offence, the college issued an order on July 11, 2025, expelling the students from the college and directing them to receive the transfer certificates. Aggrieved by this order, the students had approached the court. The single judge had dismissed the plea, noting that the students had committed a grave offence, which was under investigation, and was in clear violation of the code of conduct of the college.

The students argued that mere registration of an FIR would not be sufficient to expel them from college. It was argued that the college should have referred the issue to the Committee for conducting an inquiry and only after the report from the committee, any decision should have been taken. It was also argued that the order of expulsion was passed without affording any opportunity and the same was liable to be set aside.

The college, on the other hand, argued that when the students engaged in a heinous crime, it brought adverse publicity to the college, and the college was bound to act immediately in the interest of the institution and its students.

The court noted that an FIR had been registered against the students for offences under Sections 140(2) [kidnapping] and 142 [wrongfully concealing or keeping in confinement, kidnapped or abducted person] of the BNS.

Considering the gravity of the offence and the code of conduct of the college, the court found no infirmity or error in the order passed by the single judge. The court thus dismissed the appeal.

Counsel for Appellants: Mr. T. Jeyaram

Counsel for Respondent: Mr. V. Meenakshi Sundaram

Case Title: U Dinesh Kumar and Another v VELS Institute of Science

Citation: 2026 LiveLaw (Mad) 336

Case No: WA No 632 of 2026