THE UNIVERSITY OF KERALAversusTHE COUNCIL OF PRINCIPALS OF COLLEGE IN KERALA & ORS.

                      (2009] 1 S.C.R. 99


           THE UNIVERSITY OF KERALA                               A
                          v.
    THE COUNCIL OF PRINCIPALS OF COLLEGE IN
                   KERALA & ORS.
           (Civil Appeal No. 887 of 2009)
                                                                  B
                    FEBRUARY 11; 2009
    [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
                   SHARMA, JJ.)

     Education/Educational institutions - Ragging in              C
educational institutions -Report of Committee - On
consideration thereof, direction issued to States, Union
Territories and University to act in terms of the guidelines
formulated by Committee - MCI, BC/ in consultation with UGC
to frame requisite regulations - Students to be informed of       D
the said guidelines as also consequences flowing from not
observing the same - As regard giving opportunity to offender
before taking action, delay would frustrate the case.

     Ragging - Meaning of - Held: Ragging cannot be               E
considered as abridgement between seniors and freshers,
whereas 'introduction' could be considered as genesis of
relationship between the two - Ragging in essence is a
human rights' abuse - It is a form of systematic and sustained
physical, mental and sexual abuse of fresh students at
college/university/any other educational institution at hands     F
of senior students - Ragging means causing, inducing,
compelling or forcing student, by way of practical joke or
otherwise, to do any act which detracts from human dignity or
violates his person or exposes him to ridicule or to forbear
from doing any lawful act, by intimidating, wrongfully            G
restraining, wrongfully confining, or injuring him or by using
criminal force to him or by holding out to him any such threat.

    Vishwa Jagriti Mission through President v. Central
                           99                                     H
    100        SUPREME COURT REPORTS                 [2009] 3 S.C.R.


A Government through Cabinet Secretary & Ors. AIR 2001 SC
  2793, referred to.

         Everyman's Encyclopaedia 1938 Edition, Vol. II;
    Random House Dictionary of the English Language 1967
    Edition, referred to.
8
                          Case Law Reference:
          AIR 2001 SC 2793            Referred to.       Para 2, 11

       CIVIL APPELLATE JURISDICTION: Civil Appeal No 887.
C of 2009.

        From the Judgment and Order dated 24.6.2004 of the High
    Court of Kerala at Erankulam in W.P. No. 30845 of 2003.

          R. Satish Advocate for the Petitioner.
D
       E.M.S. Anam, K.R. Sasiprabhu, M.K. Michael, M.K.D.
  Namboodiri, S.M. Jadhav, T.V. George, Shail Kumar Dwivedi,
  V. G. Pragasam, K.H. Nobin Singh, R.S. Jena, Ajit Kumar
  Sinha, P.V. Dinesh, R.C. Kohli, S. Chandra Sekhar, Gopal
E Singh, A.A. Choudhary, Maninder Singh, Anil K. Jha H.K. Puri,
  L.R. Singh, Himanshu Shekhar for the Respondents.

          The Judgment of the Court was delivered by

          DR. ARIJIT PASAYAT, J. 1. Leave granted.
F
       2. Ragging in educational institutions has been a matter
  of concern for this Court since long. Noticing that
  notwithstanding a judgment of this Court in Vishwa Jagriti
  Mission through President v. Central Government through
G Cabinet Secretary & Ors. (AIR 2001 SC 2793) few remedial
  practical measures have been taken to prevent the menace of
  ragging in educational institutions, by order dated 27.11.2006,
  a Committee was constituted under the chairmanship of Mr.
  R.K. Raghvan, Ex-Director, C.B.I. The Committee has
H
UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS OF 101
 COLLEGE IN KERALA & ORS. [DR. ARIJIT PASAYAT, J.]
submitted its report and suggested certain measures. A
Subsequently orders dated 16.5.2007 and 10.12.2007 were
passed. Further Status report has been submitted by Shri Gopal
Subramanium, learned Amicus Curiae. Pursuant to the
directions given by this Court, the second and third reports of
the Committee have been filed which read as follows:            B

    "SECOND REPORT: The Committee under the
    chairmanship of Dr RK Raghavan met at New Delhi on the
    2nd April 2008 to take stock of the situation and review
    the progress made by different authorities, agencies and C
    other stake holders who had been directed by the Hon'ble
    Supreme Court to implement the recommendations of this
    Committee's Report on ragging and also of the Lyngdoh
    Committee on elections to student unions.

    2. On the 10th December, 2007 the Supreme Court had               D
    heard the matter and had passed certain orders.
    Accordingly, on 4-1-2008, the Ministry conveyed to all the
    regulatory institutions like UGC, AICTE, MCI, DCI, PCI, INC
    and ICAR, the observations of the Court and its directions
    that in the prospectus of the higher educational institutions     E
    it should be mentioned that if any incident of ragging
    comes to the notice of the authority concerned, the
    accused student will be given opportunity to explain and if
    his explanation is not satisfactory the authority would expel
    him from the institution. The regulatory institutions were also   F
    requested to intimate from time to time the progress being
    made and were also informed that the reports being
    received from individual higher educational institutions be
    consolidated and analysed and only the findings intimated
    to the Ministry for placing before the Committee. For             G
    arousing public consciousness against ragging, audio
    video jingles/spots have been prepared by the Ministry with
    the assistance of DAVP for release in the media. The
    CBSE has issued a letter to all institutions affiliated to it
    for implementing an effective programme of counseling for
                                                                      H
    102         SUPREME COURT REPORTS                  [2009] 3 S.C.R.


A         students involving both parents and teachers, abolishing
          corporal punishment, creating awareness about human
          rights and indicating the students behaviour pattern in the
          school leaving and character certificates. The Committee
          reviewed the progress reported by the UGC, MCI and DCI.
B         The absence of any report from NCI was noted. Thereafter
          the Committee also heard from the representative of UGC,
          AICTE, MCI and DCI the measures taken and progress
          achieved by them.

           3. The MCI informed that of the total 270 medical colleges
c          in the country, 202 had reported the various measures
           taken. These have constituted anti-ragging committees.
           They have published names and telephone numbers of
           officials to be contacted by freshers in case of ragging.
           They have also conducted counselling sessions and
D          orientation courses for senior and fresh students.
           Punishments have been given to students found guilty of
           ragging, and the number of institutions reporting
          compliance has increased due to the efforts of the Council.
          The Dental Council of India also detailed the steps beii:ig
E         taken to prevent ragging. Its representative said that all the
           127 dental colleges in India had constituted anti-ragging
          committees and squads to check ragging. These
          institutions have reported compliance with publication of
          telephone numbers and names of officials to be contacted
F         in case of ragging, besides conducting counselling and
          orientation courses for seniors and juniors. The AICTE's
          Member Secretary informed that the Council had issued
          advertisements informing the higher technical educational
          institutions of the directives of the Supreme Court and had
G         warned of deterrent punishment to institutions, like
          reduction in number of seats. If ragging still took place in
          the institution. He said that the individual compliance report
          received from each institution has been sent to the Ministry
          and that a significant reduction as compared to last year
H
          in the number of cases of ragging has been achieved. He
•   UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS OF 103
     COLLEGE IN KERALA & ORS. [DR. ARIJIT PASAYAT, J.]
       said that efforts were continuing and that it is hoped that    A
       incidents of ragging would be further reduced in the new
       academic year.

       4. Two cases of victimization of students who complained
       about ragging had come to the notice of the Chairman who
                                                                      B
       promptly took up the matter with the concerned. institution,
       viz., Dr. MGR Educational & Research Institute, Chennai
       (a deemed university). It was only after two months, the
       Institute gave a reply. The two students have refuted the
       allegations made against them in the lnstitute's reply. The
       Committee feels that the whole episode needs to be             c
       probed in detail by the AICTE and a report obtained for
       further action.

       5. The Committee noted that regarding student union
       elections the Secretary, Higher Education Department has       D
       addressed on 29.11.07 the State Chief Secretaries, for
       taking necessary action. It thereafter took the following
       decisions:

              (a) the cases of harassment of two students for
                                                                      E
              complaining about ragging referred to by Chairman
              be sent to the UGC for further action and this be
              mentioned in the report to the Apex Court. The
              petition submitted by the harassed student be
              enclosed;
                                                                      F
              (b) along with the clause of punishment of expulsion
              for ragging if found guilty, incorporated in the
              prospectus of higher educational institutions, the
              latter should also publish the number of cases of
              ragging and punishments given by them in the            G
              previous academic year. This may be mentioned
              in the report to the Apex Court for its orders;
              (c) regulatory agencies should put up the suggested
              anti-ragging measures before their council and get
                                                                      H
    104        SUPREME COURT REPORTS                [2009] 3 S.C.R.


A               approval;

                (d) the MCI should prepare draft regulation to
                prevent ragging and send it to the Ministry for fast-
                tracking its adoption;

B               (e) where medical colleges and dental colleges are
                having same facilities/ campuses the Councils
                concerned should make combined efforts to be
                more effective;

c               (f) since the XI Plan Funding Committees of the
                UGC will be visiting educational institutions to
                assess the grant requirements and invite proposals,
                prevention of ragging be made one of the focus
                items. Since the Committees will have
D               representatives from AICTE//MCl/DCI etc., it should
                convey the seriousness of the message to prevent
                ragging to the managements;

                (g) regulatory bodies should do more detailed
                analysis of the reports received to enable targeting
E               regions and institutions where measures to prevent
                ragging are not proving to be very effective;

                (h) all institutions concerned should do whatever
                they can by ensuring punishment to the students
F               found guilty of ragging, giving wide publicity to such
                punishments to act as a deterrent, strict
                enforcement of the various measures suggested by
                the Committee so that each complement the other
                and the message goes down to the grass roots;
G               (i) socially active NGOs like CURE can be also
                encouraged to help to prevent and sensitize public
                opinion to prevent ragging;

          U) Committee should meet every month from June to
H         August, and thereafter once in a month to review the
UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS OF 105
 COLLEGE IN KERALA & ORS. [DR. ARIJIT PASAYAT, J.]

   situation;                                                       A

   (k) the next meeting of the Committee may be held in May
   2008 ( on dates other than 29-31 st).

   THIRD REPORT: 1.Two meetings of the Committee
   appointed by the Supreme Court under the chairmanship . 8
   of Dr. R K Raghavan to monitor the various measures to
   prevent ragging and to conduct student union elections in
   higher educational institutions were held on 11th June 2008
   and 5th August 2008 in New Delhi.
                                                                    c
    2. In both the meetings the Committee reviewed the
    actions taken on the decisions of the Committee's
    previous meetings. In the meeting held on 11th June 2008
    the Committee expressed its disappointment over the
    helplessness shown by the regulatory bodies. It suggested       D
    to UGC to link release of grants under various schemes
    to educational institutions with the compliance by them
   with the directions of the Supreme Court of India. It directed
   educational institutions (through the regulatory agencies)
   to incorporate in their admission notices/advertisements         E
    appropriate messages regarding 'zero tolerence' towards
   ragging. It decided that an audio video campaign to
   prevent ragging should be undertaken at the
   commencement of the new academic session. It noted that
   the Medical Council of India had not framed draft
                                                                    F
   regulations to prevent ragging despite the Committee's
   advice. The request was reiterated to the Council. It also
   requested the UGC to investigate the case of harassment
 . of two students who complained about ragging, by the
   MGR Institute of Higher Education & Research. In its
   meeting held on 5th August 2008 the Committee noted              G
   that the advertisement and audio visual campaign being
   undertaken by the Governme.nt of India at the
   commencement of the new academic session to prevent
   ragging in higher educational institutions had good effect.
   It appreciated that the advertisements of the Ministry have      H
    106         SUPREME COURT REPORTS                  (2009] 3 S.C.R.


A         been exhibited in the Ministry's website for use by
          educational institutions in their local campaigns. It also
          noted that in addition the Delhi Police had issued
          advertisements in the national capital region to prevent
          ragging and the need to prevent ragging was rieterated
B         in the State Education Ministers' Conference held on 23rd
          and 24th July 2008 in the capital. The Committee felt that
          the publicity effort must percolate to the institutional level
          and each campus should make efforts to publicize and
          sensitize students regarding the menace of ragging.
c         3. In its meeting held on 5th August 2008, the Committee
          discussed the work being done by several NGOs. Their
          work was appreciated. The video on the website of CURE
          was specially mentioned in addition to the compilation of
          data regarding ragging cases reported in various parts of
D         the country. The NGO from West Bengal which is engaged
          in prevention of ragging was also referred to. The various
          councils were advised by the Committee to draw upon the
          efforts of NGOs where necessary.

E         4. The Committee felt that the audiovisual campaign has
          been successful in raising the level of awareness of the
          people about the evil effects of ragging. The Committee          .
          felt that the advertisements campaign should be continued
          to cover the commencement of professional courses. In the
F         case of shortage of funds the campaign can be focused
          on medical colleges in regions more prone to ragging
          incidents.
          5. Reviewing the number of cases reported in the current
          academic session the Committee decided that the case
G         of ragging in the Rajkumari Amrit Kaur College of Nursing,
          New Delhi should be enquired into by the Nursing Council
          of India. The Committee resolved that any incident as
          reported in the press should be presumed to be ragging
          unless on enquiry it is found to be otherwise. The incidents
H         of ragging reported are passed off as altercation or spats
UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS OF 107
 COLLEGE IN KERALA & ORS. [DR. ARIJIT PASAYAT, J.]

   between students and this precludes detailed enquiry and          A
   punishment of the guilty students. It therefore desired that
   the reported incidents should be enquired into by the
    Nursing Council to ascertain the facts thereof. The
   Committee noted the ragging case reported at The
   Graphic Era Institute of Technology, UP. The AICTE was            B
   requested to look into the matter to ascertain the facts
   regarding the punishment given to the guilty students. The
   case of "paid ragging" in Coimbatore reported in The
   Indian Express of 5.8.2008, where the fresh students were
   forced to pay for the luxury trips of senior students in star     C
   hotels was referred to the AICTE for investigation and
   necessary action. The Committee emphasized the need
   to give exemplary punishment as directed by the Supreme
   Court to the students found guilty of ragging so that the
   seriousness with which authorities view such incidents sink
   in.                                                               D

   6. Regarding the harassment case of two students by the
   MGR Institute of Higher Education & Research, Chennai
   the Committee was unhappy to note the slow progress. It
   directed the UGC to conduct an enquiry by deputing a joint        E
   team of UGC and AICTE and submit its findings
   expeditiously.

   7. The Committee discussed the problems being created
   by anonymous complaints, lack of definition of permissible
                                                                     F
   modes of interaction of senior with junior students and the
   role of student unions in preventing ragging. The
   unwillingness of complainants to disclose their identity and
   details of ragging incidents and persons involved is posing
   a big problem in taking action. The Committee felt that           G
   ragging is a very complex phenomenon involving social,
   psychological and other dimensions. It would not be
   appropriate to face the problem from the angle of
   regulations and restrictions alone because it is very difficult
   for educational administrators to tackle demands of
                                                                     H
    108         SUPREME COURT REPORTS                 [2009] 3 S.C.R.


A         students' self governing institutions. Generating awareness
          amongst students through student unions about the bad
          effects of ragging can be tried as a method.

          8. The Committee felt that more was needed to be done
          by regulatory bodies to prevent ragging and the response
B         of educational institutions to efforts by the Councils lacked
          promptness. They should formulate regulations and give.
          directions. The Committee felt that the learned Additional
          Solicitor General be requested to approach the Hon'ble
          Court on the various other suggestions like dedicated
c         wardens etc., contained in the Committee's report."

          3. Ragging is rationalised and justified as a way of
    "Introduction or getting familiar" with the freshers at the starting
    of an academic session of any educational institution.
D
        4. In a very positive aspect, "Ragging" could not be
    considered as an abridgement between the seniors and the
    freshers, whereas "Introduction" could be considered as
    genesis of relationship between the two.

E       5. When any student is admitted in a particular institution
  he/she has to face certain problems and one of them which
  affects the most is staying away from home and especially
  away from the dear ones. Because of these problems, the
  freshers expect some one to look after them, with whom they
F can have homely environment as they were enjoying at their
  respective homes. But nowadays the seniors have crossed the
  barriers, by which they have changed the meaning of
  "Introduction" into "Ragging".

      6. "Seniors" under the garb of "Introduction" have started
G ragging the freshers and due to which, in recent years, it has
  become the talk of the day that the freshers who have faced
  severe ragging are leaving the educational institutions and
  some have attempted to commit suicide and even some have
  committed it.
H
             UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS OF 109
              COLLEGE IN KERALA & ORS. [DR. ARIJIT PASAYAT, J.)

                  7. In modern era, "Ragging" has become to be known only         A
             as synonym of "teasing", "terror", "harassmenf', "cruelty", "fear"
             and "physical and mental torture".

                   8. By perusal of records and survey, it has come to be
             ·accepted that "Ragging" is a systematized form of Human             B
              Rights' abuse as embodied under the Constitution of India as
              well as other Constitutions of the World.

                 9. Over the years in all over the world and especially in
             South Asia, the practice of "Ragging" has come to be meant
             as an extreme "harassment", "terror" and even "physical and          c
             mental torture" of freshers.

                   10. Ragging is a set of undisciplined activities undertaken
             by the seniors to break the ice with the juniors, who have been
     '       suddenly thrown into a totally new environment. The contention       D
             of seniors behind all such activities is simply to bring the
             freshers down to earth, because in their opinion the freshers
             do not respect the seniors and by doing all such inhuman
-I
             activities under the garb of "Introduction", the seniors rag the
             freshers so that the freshers may respect them and be under          E
             their control. But this act cannot be reasonable and just. The
             act by the seniors is a "fist of steel against ice" and likewise
             by doing so, they shatter the ambition, aim and object of
         \
             freshers and they become aloof in this practical world.

                  11. To prohibit "Ragging'', this Court has given a series of    F
             guidelines to the educational institutions whether being Central,
             State or Private Institute. [See: Vishva Jagriti Mission v.
             Central Government (AIR 2001 SC 2793)].

                 12. Ragging in essence is a human rights' abuse. Ragging         G
             can be in various forms. It can be physical abuse or mental
             harassment. In present times shocking incidents of ragging
             have come to the notice. Sometimes violence is used. The
             student is physically tortured or psychologically terrorized. All
             human being should be free to claim, as a matter of right in the     H

'                           '
    110        SUPREME COURT REPORTS                [2009] 3 S.C.R.


A society in which they live, for life of dignity but when it is
  intentionally or recklessly damaged or departed then the
  person's human right is abused; in that sense ragging is the
  best example of human rights' abuse.

        13. Everyman's Encyclopaedia (1938 Edition, Vol. II) and
8
  Random House Dictionary of the English Language (1967
  Edition) have references about ragging. The synonyms of
  ragging as racking, ducking, teasing, etc. are mentioned in
  detail in these reference books. In England the credit/discredit
C goes to Duke of Exeter to introduce the practice of ragging.
  Racking was another form of ragging in which a special
  instrument called 'rack' was used to torture the victim. Gradually
  it mixed up with the term of ragging. Egyptian, Romans and
  Greeks were also not lagging behind. Some form or the other
  of ragging was found in their societies.
D
        14. Ragging is nQt a new phenomenon. It existed even in
  older times. It was part of civilised societies. In ancient seats
  of learning, e.g., Berytus and Athens ragging was prevalent. In
  army schools of England r~gging existed as a tradition. Later
E on this tradition took its root in medical and engineering
  colleges. In English society ragging took the form of freshers
  being paraded on street which caused much annoyance not only
  to freshers but even to general public especially girls.

        15. Ragging is a form of systematic and sustained
F physical, mental and sexual abuse of fresh students at the
  college/university/any other educational institution at the hands
  of senior students of the same institution and sometimes even
  by outsiders. Although some form of ragging is present in every
  educational institution but serious abuses of human rights take
G place generally in medical and engineering colleges and Armed
  Forces. The form and effect of ragging differ from institution to
  institution. It creates a sense of fear in the minds of first year
  students and they become apprehensive of unforeseen
  incidents which later comes true and culminates in actual form
H of action.
           UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS OF 111
            COLLEGE IN KERALA & ORS. [DR ARIJIT PASAYAT, J.]

               16. Ragging is "display of noisy, disorderly conduct and A
     "'·
           great high spirits considered by perpetrators (raggers) as
           excellent fun and by many outsiders as a bloody nuisance".

                17. Another meaning of ragging is "to question vigorously
           and jocularly, horseplay or assail roughly and noisily".       B
               18. Yet another definition of ragging refers to popular
           Spanish game of "Bull-Fight", wherein Bull is shown red 'rag'
           and a person shouts which infuriates the Bull in fighting .

                 19. As noted above "Ragging" means display of noisy,         c
           disorderly conduct or doing any act which causes or is likely to
           cause physical or psychological harm or raise apprehension or
           fear or shame or embarrassment to a student in any educational
           institution and includes,

      ~
                 (a)   teasing, abusing of, playing practical jokes on, or D
                       causing hurt to, such students; or

                 (b)   asking the student to do any act or perform
                       something which such student will not, in the ordinary
                       course, willingly do.                                  E

                20. "Ragging" means doing an act which causes or is likely
.~

           to cause insult or annoyance or fear or apprehension or threat
           or intimidation or outraging of modesty or injury to a student.

                21. "Ragging" means causing, inducing, compelling or F
           forcing a student. whether by way of a pradical joke or
           otherwise, to do any act which detracts from human dignity or
           violates his person or exposes him to ridicule or to forbear from
           doing any lawful act, by intimidating, wrongfully restraining,
           wrongfully confining, or injuring him or by usi.ng criminal force G
           to him or by holding out to him any threat of such intimidation,
           wrongful restraint, wrongful confinement, injury or the use of
           criminal force.

               22. The word "ragging" colloquially means to tease or play H
    112       SUPREME COURT REPORTS                 [2009] 3 S.C.R.


A   practical jokes on someone, specially on students who are the        ..
    fresh entrants in the schools, colleges, Universities or any other
    educational institutions. In the beginning, it was a way of
    introduction of the first year students in the institutions which
    gradually has become not only serious problem but also a
B   social stigma. While in the age of a child in cradle, it was a
    harmless practice by senior students over their juniors.
    Regarding the origin or initiative steps of the ragging, it can be
    traced back to the Seventh or Eighth Century AD.

          23. In 1828-1845, in United States' Colleges and
C   Universities Campus, several student-organizations called
    'fraternities' popped up. Freshers to these fraternities were
    known as pledges. In its rudimentary form, it as called 'hazing'
    which was merely ritual to test the courage of the pledge.

D         24. In ancient Greecft freshers to the sporting communities
    were subjected to humiliation and teasing to inculcate team
    spirit. After the passage of time this type of activities were
    adopted by Armed Forces in which new entrants have to pass
    out by obeying the seniors in off-duty time. As has been said
E   above, in the age of child in cradle, the ragging was a harmless
    practice rather permissible in the society but it had taken shape
    of brutality, humiliation and harassment after the First World
    War. In fact the technique, style or forms which the soldiers
    participating in the War had learnt and faced in army
F   atmosphere, were brought by them, when they re-entered in the
    colleges after returning from the War. Actually these forms were
    devised to highlight the importance of the team. Gradually these
    techniques and forms passed on those persons who did not
    know the real meaning of the technical word 'hazing' or
    'ragging'. Now the ragging has acquired a new heinous
G   meaning which indicates any disorderly conduct whether by
    words spoken or written or by an act which has the effect of
    teasing, treating or handling with rudeness any other student, ,
    indulging in rowdy or undisciplined activities which causes or
    is likely to cause annoyance, hardship or psychological harm
H
     UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS OF 113
      COLLEGE IN KERALA & ORS. [DR ARIJIT PASAYAT, J.]

     or to raise fear or apprehension thereof in a fresher or a junior A
     student or asking the student to do any act or perform
     something which such student will not do in the ordinary course
     and which has the effect of causing or generating a sense of
     shame or embarrassment so as to adversely affect the
     physique or psyche of a fresher or a junior student.              B

            25. A rare and strange case of ragging is as follows -Pyotr
     llyich Tchaikousky was a renowned composer of Russia. It was
     reported in 1893 that he died due to cholera and cholera was
     caused due to drinking of contaminated water. This was a
     blatant lie. However, this lie prevailed for about a century. The C
     truth was revealed by, Alexandra Orlova, the biographer of the
     composer and that too when the composer died and the
     biographer migrated to America. The biographer revealed that
     the Russian composer was a homosexual during his education
     period and this fact became known to college authorities and D
     they decided to punish the composer and was likely to be
     expelled. The news of proposed punishment leaked to his old
     classmates and they thought that if the composer is punished
     it will bring a bad name to the institution. Therefore, the
     composer was summoned before eight former classmates in E
_.   the "Court of Honour" and was asked to end his own life to
     "preserve the good name of the school':. The composer ended
     his life by consuming poison brought by one of the Judges and
     story of death by cholera was concocted.
                                                                      F
          26. After consideration of the reports, we direct that the
     Government in the States and the Union Territories and the
     University shall act in terms of the guidelines formulated by the
     Constituted Committee. The MCI, BCI in consultation with UGC
     shall frame the requisite regulations which shall be binding on G
     the institutions. They shall be indicated to the students at the
     time of admission by appropriate provision in the prospectus
     issued for admission. The consequences which flow from not
     observing the guidelines shall also be indicated. Inquiries which
     are pending shall be completed and report shall be submitted
     before this Court.                                                H
    114          SUPREME COURT REPORTS                [2009] 3 S.C.R.


A       27. A question raised was regarding giving opportunity to
  the offender before taking actions like expulsion etc. Delay in
  taking action in many cases would frustrate the need for taking
  urgent action. In such cases if the authorities are prima facie
  satisfied about the errant act of any student, they can in
B appropriate cases pending final decision, suspend the student
  from the institution and the hostel if any and give opportunity to
  him to have his say. Immediately, the police shall be informed
  and criminal law set into motion. If it comes to the notice of the
  university or controlling body that any educational institution is
c trying to shield the errant students, they shall be free to reduce
  the grants in aid and in serious cases deny grants in aids.

           28. The matter shall be listed in the month of March, 2009.
    N.J.                                            Appeal allowed.