“If the persons, like petitioners are allowed to become lawyers, a situation may arise, where woman members of the Bar cannot attend the Court and the entire system will be ruined. Wonders may also happen in this country and we cannot predict, who will be elevated to the level of Judge and if such kind of persons is elevated, people will definitely lose their faith in the justice delivery system”(From the Judgment by Single Judge dismissing the petition)
Madras High Court has upheld a dismissal order of two Law students who were dismissed from Government Law College, Trichy for sending obscene messages and making phone calls to a lady Professor of the College. Division bench comprising of Justices R.Sudhakar and V.M.Velumani refused to interfere in the order of Single Judge who had dismissed the Writ petitions filed by the students against their dismissal from college.
According to the petitioners, they along with other two students were dismissed from college without conducting any enquiry and without affording any opportunity to them. They contended that the said order is arbitrary and passed in violation of the principles of natural justice. They sought to quash the order of dismissal from the College and to re-admit them. The college contended that the students were given ample opportunities in the disciplinary proceedings and principles of natural justice were followed and the final orders of expulsion were passed not just for having friendship with another student who was involved in this act, but due to the proven serious misconducts. Single Judge dismissed their Writ petitions and therefore they preferred Writ Appeal.
The Division bench, said that the admitted facts clearly reveal that the appellants had colluded together and committed serious misconduct, which is also a serious criminal offence. The court also said that the report of the Enquiry Committee reveals that principles of natural justice have been followed and the appellants and others were fully participated in the enquiry. They did not complain, during the enquiry, that they were not given sufficient opportunity to defend their case, the Court observed. Moreover, the court said that the appellants could not plead innocence as they were in possession and using the mobile phone and committed misconduct.
The court also rejected the contention that the punishment imposed on the students were disproportionate. The counsel for the appellants prayed for some leniency to be shown to the petitioners, but the court refused. The bench remarked “They have deliberately committed serious misconduct, when their teacher only tried to shape the character of her students, so that they can be successful and shine in their profession.”
The court said that they are in full agreement with the opinion expressed by the Single Judge who by elaborately dealing with the meaning of “Guru” and their status in his order, dismissed the Writ petitions. The Single Judge, Justice S.Vaidyanathan had said “In this case, lenient view cannot be taken, as the petitioners used obscene words against a woman Professor, who has to be regarded as Goddess, thereby describing her femininity in awkward language.”
The Single Judge had made more scathing criticism of the petitioners by saying that if the persons, like petitioners are allowed to become lawyers, a situation may arise, where woman members of the Bar cannot attend the Court and the entire system will be ruined. The court had further opined “Wonders may also happen in this country and we cannot predict, who will be elevated to the level of Judge and if such kind of persons is elevated, people will definitely lose their faith in the justice delivery system.” The court had also said that Lawyer gained respect in olden days and “it is a million dollar question as to whether those days will come back.”
Read the Judgment here.