TN: Stop moral policing, HC Bench asks colleges

MADURAI: Strongly disapproving of moral policing in colleges, the Madurai Bench of the Madras High Court has warned that if relationships between opposite genders are misconstrued it would affect the progress of students.“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,” Justice V Dhanapalan said while directing an autonomous college here to re-admit a boy and girl who were dismissed for carrying mobile phones.The students - Janaki and Sundar (names changed) - were pursuing first year Bachelors in Computer Application course at the S Vellaichamy Nadar College. College authorities had dismissed them for carrying mobile phones and for travelling together in public buses after college hours.At the same time, the judge also expressed concern over its  indiscriminate use by students and called for mechanisms to regulate its use on campuses. “This court has much concern about the use of cellphones in the manner as used by the students. It is for the State authorities, educational institutions and all other stakeholders in the respective field to evolve a mechanism with regard to the use of cellphones by students,” the judge said.However,  its mere possession 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 inconvenience will not deprive them of their right to education,” Justice Dhanapalan observed.The students’ parents had moved the court contending that their wards were not given an opportunity to explain their conduct before disciplinary proceedings were initiated against them. Janaki’s father also alleged that the college director S Ashokan made inappropriate advances towards her, taking advantage of the situation. “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 held and directed the college to immediately re-admit the students. Their period of absence during the dismissal period, shall be reckoned as attendance so that it enables them to appear for exams.