College cannot dismiss mobile phone using students: HC

Madurai: Madras High Court criticised an autonomous college near here for dismissing a boy and a girl student, for reportedly being in possession of mobile phones inside the college campus and for traveling together in public bus after the college.

The two students were pursuing first year BCA at the college. Directing the college to re-admit the students, Justice V Dhanapalan said “in a civilised and developed society, free movement of students irrespective of the sex they belong to cannot be faulted by the institution. If it is construed in a wrong sense, there will not be any headway with regard to the day to day affairs of the students”.

The judge suggested that a mechanism should be devised to administer a code of conduct to regulate the use of mobile phones in educational institutions.

“This court has much concern about the usage of cell phones in the manner as used by the students. It is for the State authorities, educational institutions and all other stake-holders in the respective field to evolve a mechanism with regard to the usage of cell phones by students”, the judge said.

However mere possession of mobile phones inside the campus cannot deny a student his/her fundamental right to education, he added.

“Education is a fundamental right for the students. Mere use of technological advancement which causes certain inconvenience will not deprive them of their right to education”, the judge sasid.

The parents of tthe students moved the court after the college initiated disciplinary proceedings against the students, without giving them a chance to explain them.

Criticising the decision of the college the judge said, “The (dismissal) order is ex-facie illegal, non-speaking with total non-application of mind besides being passed without affording an opportunity to the petitioners. It is violation of natural justice and the decision is totally unwarranted”.

The judge issued directions to the college administration to re-admit the students in the college immediately. The period of absence of the students, during the dismissal, shall be reckoned as attendance so that it enables them to appear for exams in due court, the judge said.