Bombay HC denies urgent hearing to PhD student suspended by TISS for misconduct

Mumbai: The Bombay High Court on Tuesday said there was no need for an urgent hearing on a plea filed by Tata Institute of Social Sciences (TISS) research scholar Ramadas KS, who was suspended from the institute for alleged misconduct and anti-national activities.

A vacation bench of Justices Arif Doctor and Somasekhar Sundaresan posted Ramadas's petition for hearing on June 18 after the summer vacation of the high court.

The bench said the plea can wait, and there is no urgency.

Ramadas, a PhD student from the School of Development Studies of TISS, had moved the court earlier this month challenging the April 18 order passed by the institute suspending him for two years.

His counsel, Mihir Desai, submitted to the court on Tuesday that pursuant to the suspension order, Ramadas's scholarship had been stopped, and he was facing difficulties.

The institute, in its affidavit, said the student had an alternate remedy, and hence his petition was not maintainable.

Refusing to hear the matter urgently, the court said arguments would have to be first heard on the maintainability issue.

As per the TISS's affidavit, considering the increasing number of serious misconducts by students, a high-level common committee comprising officials in senior posts within the institute was constituted to deal with issues of misconduct and disciplinary action of students.

The affidavit said the remedy against any decision by the committee is to approach the vice-chancellor of the institute with an appeal.

The institute sought dismissal of Ramadas's petition, claiming he could not have moved the high court directly without filing an appeal before the vice-chancellor first.

The affidavit claimed that after a suspension order was issued against Ramadas on April 18, it received letters from certain political parties and organisations, and there was a campaign on social media against the institution.

"This shows that the petitioner (Ramadas) is using his influence and strong political links to pressurise the institute to succumb to the illegal demand of the petitioner. Hence, no leniency is required to be shown," the affidavit said.

The affidavit claimed that when students secure admission to TISS, they are made aware of their duties and obligations and certain 'do's and don'ts', breach of which would render the student for penal consequences/disciplinary action.

In a rejoinder affidavit submitted through his counsel Desai, Ramadas claimed he might not get any independent hearing from the institute.

He denied using any political links against the institute.

Ramdas said the fact that so many fellow students and organisations are supporting him shows that the suspension order was wrong.

"The entire disciplinary proceedings have been held in an arbitrary fashion, in violation of principles of natural justice and the fundamental rights of the petitioner, and accordingly, the High Court alone has jurisdiction to set aside the same," the rejoinder affidavit stated.

In his petition, Ramadas appealed to the court to set aside the suspension order and restore his entitlements as a student.

He said he was "unlawfully, arbitrarily and unfairly suspended by the institute".

Ramadas was accused of participating in a protest march in New Delhi in January against the 'anti-student policies' of the Central government and for urging people to watch the documentary 'Ram Ke Naam' during the consecration ceremony of the Ram Temple in Ayodhya.