This Court is very serious in looking at the present writ petition, as the petitioner herein was meted out with endless mental torture viz., ragging at the hands of her seniors, (whose names were mentioned in the preceding paragraph) in the institution, in which she opted to study for her academic progress. When a student joins in an institution with ambition of prospective future, it is incumbent on the part of the Principal of the said institution to look after their welfare and exhibit her responsibility in such a way that the students' ambitions having been accomplished. But, in the present case, the Principal of the second respondent institution thoroughly failed to take action on the so-called senior students, who headed ragging in the said institution. The Principal, after coming to know or after receiving the complaint, as per Rule 4 of Tamil Nadu Prohibition of Ragging Rules, 1999, ought to have enquired into the complaint immediately within 72 hours, either by herself or through a Senior teaching staff working in the institution. However, she failed to enquire into the complaint. On the other hand, with no other option, the petitioner and her father made a written complaint to the police station and the police duly enquired the matter headed by Anti Ragging Committee.
12. Before parting with the case, this Court expresses its total dissatisfaction on the second respondent institution having failed to comply with the Tamil Nadu Prohibition of Ragging Rules, 1999. Accordingly, this Court comes to the conclusion that there was inaction on the Management of the second respondent institution and as such, they are bound to refund the amount of Rs.35,250/- paid by the petitioner for counselling and admission in the second respondent institution. Since it is stated in the counter that they have already returned caution deposit towards admission fees in the institute and hostel, they are directed to pay the above said amount deducting the amount already paid by them.
Madras High Court
Neelam Shetty vs R3 And R4 Impleaded As Per Order on 27 February, 2013
Citation; AIR 2013 Madras 253
