Created byFuzzy Cloud

Supreme Court of India

UNIVERSITY OF KERALAversusCOUNCIL OF PRINCIPALS OF COLLEGES IN KERALA & ORS.

Citation
2009 INSC 771
Decided
8 May 2009
Disposal
Hearing Adjourned

Holding

The Supreme Court upheld the enforceability of the Raghavan Committee's recommendations and directed their immediate implementation to eradicate ragging in educational institutions.

Summary

The Supreme Court heard a civil appeal filed by the University of Kerala against the Council of Principals of Colleges in Kerala and others, seeking enforcement of the Raghavan Committee's recommendations to curb ragging in educational institutions. The Court examined whether the judiciary could direct the implementation of those recommendations, including the creation of a central anti‑ragging database, crisis‑hotline, and strict penalties for institutional heads who fail to prevent ragging. Relying on the seriousness of recent ragging incidents and the need for uniform national action, the Court held that the recommendations constitute a valid framework for preventing ragging and may be enforced by law. It issued detailed directions for the Ministry of Human Resource Development, UGC, state governments, police, and college authorities to set up the database, adopt draft regulations, sensitize staff and students, and initiate departmental inquiries against negligent officials. The judgment thus affirmed the Court’s power to mandate implementation of anti‑ragging measures and imposed a duty on all stakeholders to comply.

Issues considered

  • The Court's jurisdiction to order implementation of the Raghavan Committee's anti‑ragging recommendations.
  • Whether the recommended creation of a central anti‑ragging database and crisis‑hotline is within the scope of judicial direction.
  • The extent of penal liability that can be imposed on heads of educational institutions for failure to prevent ragging.
  • The role of regulatory bodies (UGC, AICTE, MCI, etc.) in enforcing anti‑ragging regulations.

Subjects

ragginganti‑ragging measureshigher educationUniversity Grants CommissionUGC regulationscentral crisis hotlineanti‑ragging databaseinstitutional liabilitystudent safetycourt‑directed policy implementation

Judgment

                       [2009] 8 S.C.R. 507


                    UNIVERSITY OF KERALA                        A
                                v.
    COUNCIL OF PRINCIPALS OF COLLEGES IN KERALA &
                            ORS.
               (Civil Appeal No. 887 of 2009)
                                                                B
                          MAY 8, 2009
•          [DR. ARIJIT PASAYAT AND ASOK KUMAR
                        GANGULY, JJ.]

         Education/Educational Institutions - Ragging - C
    Recommendations made by Raghavan Committee -
    Suggesting measures for curbing menace of ragging from
    educational institutions - Directions issued for
    implementation of the recommendations - Directions also
    issued with regard to a particular college having history of D
    violent ragging.

        Raghavan        Committee          made      certain
    recommendations to obliterate menace of ragging
    prevalent in educational institutions, suggesting certain   E
    measures.

        For implementation of the recommendations made by
    the Committee, the Court

         DIRECTED: 1.1. The Ministry of Human Resource          F
    Development, Government of India, in consultation with
    UGC, MCI, AICTE and other similar regulatory bodies is
    in the process of setting up a central crisis-hotline and
    anti-ragging database in the manner suggested by
    Raghavan Committee and the UGC. The task of                 G
    monitoring the database be given to a non-governmental
    agency, to be immediately nominated by Union of India.
    The database shall be created out of affidavits affirmed

                               507                              H
    508    SUPREME COURT REPORTS               [2009] 8 S.C.R.


A by each student and his/her parents/guardians, which
  affidavits shall be stored electronically, and shall contain
  the details of each student. The database shall also
  function as a rec.ord of ragging complaints received, and
  the status of the action taken thereon. [Para 2) [518-E-H;
B 519-A)

      1.2. The Draft Regulations on Curbing the Menace of
  Ragging, formulated by the UGC, should be implemented
  with the urgency it deserves and to be adopted by .all
C other regulatory bodies, such as AICTE, MCI, DCI, NCI etc.
  [Para 3] [519-A-B]

       1.3. Formulation of guidelines and regulations alone
  is not sufficient. Such regulations shall have to be
  enforced strictly, and penal consequences for the heads
D of the institutionsladministration of the institution who do
  not take timely steps in the prevention of ragging and
  punishing those who rag. In addition to penal
  consequences, departmental enquiries be initiated
  against such heads institutions I members of the
E administration I faculty members I non-teaching staff,
  who display an apathetic or insensitive attitude towards
  complaints 1uf ragging. [Para 4) [519-B-D)

       1.4. Not only the students, but also the faculty who
F must be sensitized towards the ills of ragging, and the
  prevention thereof. Non-teaching staff, which includes
  administrative staff, contract employees, security guards
  etc., have also to be regularly sensitized towards the evils
  and consequences of ragging. [Para 5) [519-E]
G
        1.5. The Principal or Head of the Institution{
    Department shall obtain an undertaking from every
    employee of the institution including teaching and non-
    teaching members of staff, contract labour employed in
H
  UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS 509
             OF COLLEGES IN KERALA

the premises either for running canteen or as watch and        A
ward staff or for cleaning or maintenance of the buildings/
lawns etc. that he/she would report promptly any case of
ragging which comes to his/her notice. A provision shall
be made in the service rules for issuing certificates of
appreciation to such members of the staff who report           B
tagging which will form part of their service record. [Para
6) [519-F~H]

    1.6. The employers/employees of the canteens/mess
shall be given necessary instructions to keep strict vigil     c
and to report the incidents of ragging to the college
authorities if any. [Para 7] [520-A·B]

    1.7. Parents/guardians of freshers assume
responsibility for promptly bringing to the notice of the
                                                               0
Head of the Institution any instance of ragging. [Para 12)
[520-G-H]

     1.8. Each batch of freshers should be divided into
small groups and each such group shall be assigned to
a member of the staff. Such staff member should interact       E
individually with, each member of the group on a daily
basis for ascertaining the problems/difficulties if any
faced by the fresher in the institution and extending
necessary help. Each group in-charge shall maintain a
diary of his/her interaction with the freshers under his/her   F
charge. [Para 8) (520-B-D]

    1.9. In the case of freshers admitted to a hostel, it
shall be the responsibility of the teacher in charge of the
group to coordinate with the warden of the hostel and to       G -
make surprise visits to the rooms in the hostel where the
members of the group are lodged. [Para 9) [520-D-E]

    1.10. Freshers shall be lodged in a separate hostel
block, wherever possible, and where such facilities are        H
    510    SUPREME COURT REPORTS               [2009] 8 S.C.R.
                                                                      t
A not available, the college/institution shall ensure that
  seniors' access to freshers' accommodation is strictly
  monitored by wardens, security guards and college staff.
  A round the clock vigil against ragging in the hostel
  premises shall be provided. [Paras 10 and 11] [520-E-G]
B
       1.11. The SHO/SP, within whose jurisdiction a
  particular college falls, shall be responsible for ensuring
                                                                  ;
  that no ragging takes place on the campus of the
  concerned college, and to effectively deal with incidents
c of ragging, should, any such incidents take place. Once
  a central database/crisis hotline is made operative then
  as soon as SHO/SP, within whose jurisdiction a particular
  college falls, is contacted by the crisis hotline staff, then
  such SHO/SP shall deal effectively with the incident and
0 cooperate and communicate with the crisis hotline staff
  and/or the independent monitoring agency. [Para 16]
  [521-D-F]

      1.12. Once the database/crisis hotline is operative,
E State Governments shall amend their anti-ragging
  statutes to include provisions that place penal
  consequences on institutional heads. [Para 18] [522-A-B]

       1.13. A committee be appointed comprising one or
  more eminent psychiatrists/psychologists/mental health
F specialists, a documentary maker and educationalists
  from various fields, to (i) ascertain the psychological
  impact of ragging on students; (ii) to ascertain reasons
  and circumstances under which senior students resort
  to ragging; (iii) assess and quantify the impact of ragging
G and indiscipline on the standard of education in an
  institution and relate it to the existing procedures used
  by MCI, UGC and other regulatory bodies to assess the
  suitability of an institution for recognition; and (iv)
  recommend urgent and mandatory mental health
H
           UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS 511
                      OF COLLEGES IN KERALA
~
          measures to be implemented in, and practiced by school,        A
          colleges, and all educational and vocational institutions,
          so as to aid the occurrence of ragging. [Para 19] (522-8-
          E]

               2.1. Keeping in mind the seemingly violent history of     B
          the College, RPGMC, a detachment of police be posted
          on the RPGMC campus till such time the Committee is
          satisfied of the maintenance of discipline on campus.
          [Para 14] [521-8]

               2.2. Departmental proceedings shall be initiated          c
          against the erstwhile principal of the college to ascer:tain
          his role in exacerbating ragging on campus, as well as
          his suitability as a faculty member and administrator.
          [Para 15] (521-8-C]
~•
                                                                         D
              2.3. A separate committee be constituted immediately
          to examine the problem of alcoholism on the RPGMC
          campus, and to suggest immediate de-addiction
          measures. In each State, Committees in the line indicated
          above shall be constituted to undertake the exercise           E
          detailed above. (Paras 20 and 21] (522-G-H; 523-A-C]

    ..        2.4. Chancellor of the Himachal Pradesh University
          in consultation with the Raghavan Committee shall as a
          part time measure appoint a Committee to oversee the           F
          implementation of directions given in this order. [Para 13]
          [521-A]

               CIVIL APPELLATE JURISDICTION: Civil Appeal No. 887
          of 2009.
                                                                         G
     \.       From the Judgment & Order dated 24.6.2004 of the High
          Court of Kerala at Ernakulam in W.P. (C) Nos. 30845 of 2003.

              Gopal Subramanium, ASG (A.C.), Altaf Ahmad, Harish N.
          Salve, P.P. Rao, A. Mariarputham, Himinder Lal, Seema Jain, . H
    512       SUPREME COURT REPORTS                    [2009] 8 S.C.R.


A Mahinder Singh, Pratibha Singh, Gaurav Sharma, Sumeet
  Bhatia, Surbhi Mehta, D. Bharathi Reddy, Altaf Fatima, D.
  Ramakrishna Reddy, T. Anamika, Himanshu Shekhar, R.C.
  Kohli, Bimal Roy Jad, Rajeev K. Bharti, Anil Kumar, Jha, M.K.
  Jha, Ansar Ahmad Chaudhary, V.G. Pragasan, S.J. Aristotle,
B Prabu Raqmasubramanian, Anitha Shenoy, Amitesh Kumar,
  Gopal Singh, H.K. Puri, S.C. Dhanda, S.K. Puri, V.M. Chauhan,
  Priya Puri, L.R. Singh, R. Sathish, E.M.S. Anam, S.Kr. Dwivedi,
  K.R. Sasiprabhu, Ajit Kumar Sinha, M.K. Michael, M.K.D.
  Nmboodiri, Shivaji M. Jadhav, P.V. Dinesh, Aruna Mathur,
C Vimal Dubey (M/s. for Arputham Aruna & Co. T. Harish Kumar,
  V. Vasudevan, S. Chandra Shekhar, Atul Jha, D.K. Sinha,
  Sunita Gautam, S.K. Mishra, A.K. Jha, M.K. Jha, K.N.
  Madhusoodhanan, M.K. Michael, N. Kotiswar, K.H. Nobin
  Singh, Sunita Dutt, Rajiv Mehta, Radha Shyam Jena, T.V.
  George, Shinoj K. Narayanan for the appearing parties.
0                                                                           )·



          The Judgment of the Court was delivered by

          DR. ARIJIT PASAYAT, J. 1. Directions have been given
  from time to time to see that the ugly scar of ragging is
E obliterated from the face of educational institutions. Mr. Gopal
  Subramaniam, learned amicus curiae, Mr. P.P. Rao, Mr. Altaf
  Ahmed and others appearing in the matters have given
  suggestions which we have considered. Keeping in mind the
  recent incidents of ragging which have surfaced, and which have
F been dealt with by this Court, it becomes necessary that the
  following recommendations made by the Raghavan Committee
  be implemented immediately, namely:

          (i) Recommendation No. 5.14: "We also recommend that
          every institution should engage or seek the assistance of
G         professional counselors at the time of admissions to
          counsel 'freshers' in order to prepare them for the life
          ahead, particularly for adjusting to the life in hostels ... ";

          (ii) Recommendation No. 5.16: "We recommend that on
H         the arrival of senior students after the first week or after
UNIVERSITY C'~· KERALA v. COUNCIL OF PRINCIPALS 513
 OF COLLEGES IN KERALA [DR. ARIJIT PASAYAT, J.]

   the second week as the case may be, further orientation A
   programmes must be scheduled as follows (i) joint
   sensitization programme and counseling of both 'freshers'
   and senior by a Professional counselor; (ii) jointorientation
   programme of 'freshers' and seniors to be addressed by
   the principal/Head of the institution, and the anti -ragging B
   committee ; (iii) organization on a large scale of cultural,
 · sports and other activities to provide a platform for the
   'freshers' and seniors to interact in the presence of faculty
   members ; (iv) in the hostel, the warden should address
   all students; may request two junior colleagues from the       c
   college faculty to assist the warden by becoming resident
   tutors for a temporary duration; and , the UGC and other
   funding bodies should provide financial grants for meeting·
   the expenditure on resident tutors (v) it is strongly
   recommended that as far as possible faculty members
                                                                 0
   should dine with the hostel residents in their respective
   hostels to instill a feeling of confidence among the fresh
   residents.";

   (iii) Recommendation No. 5. 18: "We recommend that
   every institution must have an Anti-Ragging Committee          E
   and an Anti - Ragging Squad. It is essential to have a
   diverse mix of membership in terms of levels as well as
   gender in both the Anti - Ragging Squad as well as the
   Anti - Ragging Committee. The Anti - Ragging Committee
   at the level of the institution should consist of the          F
   representatives of civil and police administration, local
   media, Non Government Organizations involved in youth
   activities, representatives of faculty . members,
   representatives of parents, representatives of students
   belonging to the freshers' category as well as seniors, non    G
   - teaching staff and should be headed by the Heao of the
   Institution. The Anti - Ragging Squad, in contrast, should
   be a body with vigil, oversight and patrolling functions and
 · should appropriately by a smaller body which should be
                                                                  H
    514      SUPREME COURT REPORTS                 [2009] 8 S.C.R.


A         nominated by the Head of the Institution with such
          representation as considered necessary to keep it mobile,
          alert and active at all time. The Squad may be called upon
          to make surprise raids on hostels and other hot sports and
          should be empowered to inspect places of potential
B         ragging .. The Squad should work under the overall
          guidance of Anti- Ragging Committee. The Squad should
          not have any outside representatiori and should only
          consist of members belonging to the various sections of
          the campus community."
c      (iv) Recommendation No. 5.28: "At the level of the District,
       we recommend a District level Anti - Ragg:ng Committee,
       which should consist of the Heads of Higher Education
       Institutions as members. It should be headed by the
       District Collector/Deputy Commissioner I District
D      Magistrate and should also have the Superintendent of
       Police I SSP of the District as member. The Additional
       District Magistrate should be a member - secretary of the
       Committee, which should also have representation of the
       local media and district level Non Government
E      Organizations actively associated in youth development
      programmes, as well as representations of all student
      organizations. The District level Committee should hold
      preparatory meetings during the summer vacation
      meetings to take stock of the state of preparedness of
F     each institution and their compliance with the policies and
      directions or guidelines of the appropriate bodies, the
      university/State/ Central authorities; and this Court's
      guidelines in regard to curbing the menace of ragging. We
      have already emphasized on the need for publicity
G     campaigns. summer months may be appropriate to launch
      such campaigns. Some of the role expectations from the
      District level Committees have already been mentioned in
      the preceding paragraphs dealing with activities at the level
      of Schools as well as higher education institutions and
H     therefore are not being repeated."
    UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS 515
     OF COLLEGES IN KERALA [DR. ARIJIT PASAYAT, J.]

       (v) Recommendation No. 5.29: 'We have thought throuah . A
       the suggestion that the District level Committee, should
       function as some sort of an appellate forum to the action
       taken oy the institution level Anti - Ragging Committee. We
       feel that this is neither necessary nor desirable. It is not
       necessary in the context of the recommendation that we B
       propose to rnake in respect of, the scheme of penalty later
       in this Chapter. It i$ not desirable from the point of view
       that such a mechanism lends an extra - campus
       dimension to the tackling of intra-campus disciplinary
       matter. All matters of discipline within t~(!ching institutions,c
       in our opinion, must be resolved within the c;:ampus - except
       those impinging on law and order or breach of peace or

-      public tranquility, all of which should be dealt with under the
       penal laws of the land; fortifying of which is being
       susgested by us later on."                                       D

      (vi) Recommendation No. 5.30: "At the level of the
       University, we recommend that there should be a
      Monitoring Cell on Ragging, which should coordinate with
      the affiliated colleges and institutions under its domain. The
      Cell should call for reports from the Heads of institutions      E
      in regard to the activities of the Anti-Ragging Committee,
      Anti - Ragging Squads, Monitoring Cells at the level of the
      institution, the compliance with instructions on conducting
      orientation programmes, counseling sessions, the
      incidents of ragging, the problems faced by wardens or           F
      other officials. It should also keep itself abreast of the
      decisions of the District level Anti - Ragging Committee.
      This Monitoring Cell should also review the efforts made
      by institutions o publicize anti - ragging measures,
      soliciting of undertaking from parents and students each         G
      year to abstain from ragging activities or willingness to be
      penalized for violations; and should function as the prime
      mover for initiating action on the part of the appropriate
      authorities of the university for amending the Statutes or
                                                                       H
    516       SUPREME COURT REPORTS                    (2009] 8 S.C.R.

                                                                             ~

A         Ordinances or Bye - laws to· facilitate the implementation
          of anti-ragging measures.at the level of the institution."

        (vii) Recommendation No. 5.31: "At the State level, we
                                                                                 ..
        recommend that there should be a Monitoring Cell at the
        level of the Chancellor of the State Universities, who may
B
        also coordinate with those of the Central Government
      · institutions located in the State in which the Governor has
        a defined role under the relevant law. Governors, in their
        capacity as Chancellors of State Universities, can leverage
        the influence of their office to ensure that the State
c       Government as well as the university authorities are suitably
        instructed to be alert in regard to ragging. The involvement
        of Governors would also ensure that the autonomy of
        institutions of higher learning is not compromised. In
        addition, Governors of States are associated with Central
D       Universities in their role as Chief Rector /Chancellor etc.
        and can oversee the function of coordination where
        required vis-a-vis the office of the President df India in his
        capacity as the Visitor of the Central Universities and also
        the Central Government in the Ministry of Human Resource
E       Development. The State level Monitoring Cell should
        receive periodically, and at such freq4encies that it may
        law down, status reports from the University level
        Monitoring Cells and Districts level Anti - Ragging                  .
        Committees."
F
          (viii) Recommendation No.· 5.22:. "We recommend that
          in the, light of the increasing number of private
          commercially managed, lodges or hostels outside
          campuses, such hostels and management must be
          registered with the local police authorities and permission
G
          to start such hostels or register them must necessarily be
          recommended by the Heads of educational institutions. It
          should be mandatory for both local police, local
          administration as well the institutional authorities to ensure ·
          vigil on incidents that may come within the definition of
H
            UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS 517
             OF COLLEGES IN KERALA [DR. ARIJIT PASAYAT, J.]
      ...
              ragging. Managements of such private hostels should be               A
              responsible for non-reporting of cases of ragging in such
              premises. Local authorities as well as the institutional
              authorities should be responsible for action in the event of
              ragging in such premises, just as they would be for
              incidents within campuses. The Committee also                        B
              recommends that besides registering private hostels <:is
              stated above, the towns or cities where educatienal
              institutions are located should be C:lpportioned as sectorn
              among faculty members, as is being done by some
              institutions, so that they could maint(:lin vigil <:ind report any   c
              incidents of ragging outside campuses and en route while
              'freshers' commute."
...           (ix) Recommendation No. 5.27: "Wardens must be
              accessible at all hours and therefore it is important that
              they, be available on telephone and other m·odes of                  D
              communication - therefore, we recommend that wardens
              must be issued mobile phones by the institutions and the
              details of their telephone number must be widely
              publicized. Similarly, the telephone numbers of the other
              important functionaries - Heads of institutions, faculty             E
              members, members of the anti-ragging committees, district
              and sub-divisional authorities and state authorities where
        •     relevant, should also be widely disseminated for the needy
              to get in touch or seek help in emergencies. The
              Committee recommends that brochures or booklet/leaflet               F
              distributed to each student at the beginning of each
              academic session for obtaining undertaking not to indulge
              or abet ragging, shall contain the blueprint of prevention
              and methods of redress."
                                                                                   G
        v
              The educational institutions shall ensure that each hostel
~             should have a full-time warden who resides within the
              hostel, or at the very least, in the close vicinity thereof.
              State of Himachal Pradesh has submitted that the creation
              of a separate cadre for warden would no_t be beneficial for
                                                                                   H
    518       SUPREME COURT REPORTS                  [2009] 8 S.C.R.

A         this purpose. But it is desirable that institutions should
          provide necessary incentives for the post of full-time
          warden, so as to attract suitable candidates. It has been            •
          pointed out that UGC, in its Draft Regulations on Curbing
          the Menace of Ragging; has also provided accordingly.
8
          (x) Recommendation No. 5.43: "The committee
          recommends that at the national level, the UGC should
          fund, a toll - free Helpline which could be accessed by
          students in distress owing to ragging related incidents. The
          Ministry of Communic;:ation and Information Technology
c         should facilitate the establishment, infrastructure and
          operation of the proposed Helpline. Any distress message
          should be simultaneously relayed to the Head of the
          Institution, warden or officer of the Hostels, District              ..
          authorities including the Superintendent of Police, and
D         should be web-linked so as to be in the public domain
          simultaneously for the media and citizens to access it. A
          genuine message of distress from the victim of ragging
          should make it obligatory for the Head of the institution and
          civil authorities to initiate action on the lines already
E         suggested by us."

       2. Learned amicus curiae has submitted that the Ministry
  of Human. Resource Development, Government of India, in
  consultation with UGC, MCI, AICTE and other similar regulatory
F bodies is in the process of setting up a central crisis-hotline
  and anti-ragging database in the manner suggested by Dr.
  Rajendra Kachroo to the Raghavan Committee and the UGC.
  The task of monitoring the database be given to a non
  governmental agency, to be immediately nominated by the
  Union of India to build confidence in the public and also to
G
  provide information of non compliance to the regulatory bodies
  and to the Raghavan Committee. The database shall be                    ..
  created out of affidavits affirmed by each student and his/her
  parents/guardians, which affidavits shall be stored electronically,
  and shall contain the details of each student. The database
H
          UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS 519
           OF COLLEGES IN KERALA [DR. ARIJIT PASAYAT, J.]

          shall also function as a record of ragging complaints received,      A
          and the status of the action taken thereon;

              3. The Draft Regulations on Curbing the Menace of
          Ragging, formulated by the UGC, should be implemented with
          the urgency it deserves and to be adopted by .all other
                                                                               B
          regulatory bodies, such as AICTE, MCI, DCI, NCI etc.;

                4. The recent incident involving the death of Aman
          Kachroo clearly indicates that the formulation of guidelines and
          regulations is not sufficient. Such regulations shall have to be
          enforced strictly, and penal consequences for the heads of the       c
          institutions/administration of the institution who do not take

-         timely steps in the prevention of ragging and punishing those
          who rag. In addition to penal consequences, departmental
          enquiries be initiated against such heads institutions I
          members of the administration I faculty members I non-teaching       D
          staff, who display an a,,athetic or insensitive attitude towards
          complaints of ragging;

               5. Not only the students, but also the faculty who must be
          sensitized towards the ills of ragging, and the prevention
                                                                               E
          thereof. Non-teaching staff, which includes administrative staff,
          contract employees, security guards etc., have also to be
    ..    regularly sensitized towards the evils and consequences of
          ragging;

               6. The Principal or Head of the Institution/Department shall    F
          obtain an undertaking from every employee of the institution
          including teaching and non-teaching members of staff, contract
          labour employed in the premises either for running canteen or
          as watch and ward staff or for cleaning or maintenance of the
          buildings/lawns etc. that he/she would report promptly any case      G
    'I'
          of ragging which comes to his/her notice. A provision shall be
          made in the service rules for issuing certificates of appreciation
          to such members of the staff who report ragging which will form
          part of their service record;
                                                                               H
    520      SUPREME COURT REPORTS                   [2009] 8 S.C.R.


A        7. It is seen, that college canteens and hostel messes are
    also places where ragging often takes place. The employers/
    employees of the canteens/mess shall be given necessary
    instructions to keep strict vigil and to report the incidents of
    ragging to the college authorities if any;
B
       8. Each batch of freshers should be divided into small
  groups and each such group shall be assigned to a member
  of the staff. Such staff member should interact individually with,
  each member of the group on a daily basis for ascertaining the
  problems/difficulties if any faced by the fresher in the institution
C and extending necessary help. By building up rapport with each
  member of the group teachers or other members of the staff
  would be able to infuse confidence in the freshers and make
  them feel at home so as to enable them to report incidents of
  ragging or bullying. Each group in-charge shall maintain a diary
                                                                         -
D of his/her interaction with the freshers under his/her charge;

        9. In the case of freshers admitted to a hostel it shall be
  the responsibility of the teacher in charge of the group to
  coordinate with the warden of the hostel and to make surprise
E visits to the rooms in the hostel where the members of the group
  are lodged;

       10. Freshers shall be lodged in a separate hostel block,
  wherever possible, and where such facilities are not available, ·
  the college/institution shall ensure that seniors' access to
F freshers' accommodation is strictly monitored by wardens,
  security guards and college staff;

       11. A ragging takes place mostly in the hostels after the
  classes are over in the college. A ·round the clock vigil against·
G rag_ging in the hostel premises shall be provided;

        12. It is necessary that parents/guardians of freshers
    assume responsibility for promptly bringing to the notice of the
    Head of the Institution any instance of ragging;
H
    _,'\

                     UNIVERSITY OF KERALA v. COUNCIL OF PRINCIPALS 521
                      OF COLLEGES IN KERALA [DR. ARIJIT PASAYAT, J]
            -1
                         13. Chancellor of the Himachal Pradesh University in             A
                   consultation with the Raghavan Committee shall as a part time
                   measure appoint a Committee to oversee the implementation
                   of directions given in this order.

                       14. Keeping in mind the seemingly violent history of               B
                   RPGMC, a detachment of police be posted on the RPGMC
                   campus till such time the Committee is satisfied of the
                   maintenance of discipline on campus.

                        15. Departmental proceedings shall be initiated against
                   the erstwhile principal of RPGMC, Dr. Suresh Sankhyan to               c
                   ascertain his role in exacerbating ragging on campus, as well
                   as his suitability as a faculty member and administrator. State
                   of Himachal Pradesh, in its affidavit, has stated that such
   ...             proceedings have been commenced against Dr. Sankhyan, and
                   that a charge.-sheet is expected to be issued to him presently;        D

                          16. The SHO/SP, within whose jurisdiction a particular
                  · college falls, shall be responsible for ensuring that no ragging
                    takes place on the campus of the concerned college, and to
                    effectively deal with incidents of ragging, should, any such
                                                                                          E
  ·\
                    incidents take place. Once a central database/crisis hotline is
                    made operative then as soon as SHO/SP, within whose
            ,/.
                    jurisdiction a particular college falls, is contacted by the crisis
                    hotline staff, then such SHO/SP shall deal effectively with the
                    incident and cooperate and communicate with the crisis hotline
                                                                                          F
                    staff and/or the independent monitoring agency. This will build
                    confidence and encourage people to report incidences of
-·
..._\               ragging without fear or delay;

                       17. Dr. Rajendra Kachroo; Dr. S. S. Shilwant, Asst.
  _,              Professor of Law, Maharishi Dayanand University, Rohtak, shall          G
             "    assist Raghavan Committee, to provide a linkage between the
.....,,..
                  Committee's efforts, and the non-governmental anti-ragging
                  movement;

     :                                                                                    H
    522     SUPREME COURT REPORTS                [2009] 8 S.C.R.


A       18. Once the database/crisis hotline (as described in
    Recommendation No. l(x) above) is operative, State
    Governments shall amend their anti-ragging statutes to include
    provisions that place penal consequences on institutional
    heads;
B
         19. A committee be appointeci comprising one or more
  eminent psychiatrists/psychologists/mental health specialists, a
  documentary maker and educationalists from various fields, to
  (i) ascertain the psychological impact of ragging on students;
  (ii) to ascertain reasons and circumstances under which senior
C students resort to ragging; (iii) assess and quantify the impact
  of ragging and indiscipline on the standard of education in an
  institution and relate it to the existing procedures used by MCI,
  UGC and other regulatory bodies to assess the suitability of
  an institution for recognition; and (iv) recommend urgent and
D mandatory mental health measures to be implemented in, and
  practiced by school, colleges, and all educational and
  vocational institutions, so as to aid the occurrence of ragging.
  For the present following shall be members of this committee:

E         (a)   D . Shobna Sonpar, Clinical Psychologist, New
                Delhi;

          (b)   Dr. Shekhar Sheshadri, Professor of Child
                Psychiatry, NIMHANS, Bangalore;

F         (c)   Dr. Mohan Rao, Professor of Social Sciences, JNU
                New Delhi; and

          (d)   Dr. Amit Sen, Child Psychiatrist, Sitaram Bhartia
                Institute of Science & Research, New Delhi.
G        20. A separate committee be constituted immediately to
    examine the problem of alcoholism on the RPGMC campus,            "
    and to suggest immediate de-addiction measures. The
    following eminent mental health experts shall be members of
    this committee:
H
    UNIVl:~SITY OF KERALA v. COUNCIL OF PRINCIPALS             523
    . OF COLLl:GES IN KERALA [DR. ARIJIT PASAYAT, J.]
        (a) Dr. Anju Dhawan, Associate Professor, Psychiatry, All     A
        India Institute of Medical Sciences, New Delhi;

        (b) Dr. Sameer Malhotra, Former Assistant Professor of
        Psychiatry, AllMS, New Delhi; and

        (c) Dr. Prakash Saran, Associate Professor of Psychiatry,     1:3
        AllMS, New Delhi.

         21. In each State, Committees in the line indicated above
    shall be constituted to undertake the exercise detailed above.

          22. Compliance reports shall be filed within four months.
                                                                      c
    b.ist after four months.

    K.K.T.                                      Matter adjourned.

'




         \•


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "ragging"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.