Can Institution Punish the Student
Education institution means a healthy and peaceful environment for students where they can study, built their carrier and prepare for the future. Education institutions like school, college, university, etc. are the milestone of life of a student.
Duty of Student in Institution-
Here we are talking about the Discipline, in a college campus, there is no restriction on the students except following the discipline. Every institution has some rule and regulation which must be followed by the students and when any student found to be guilty of breaking of any rule and regulation, then he will be punished by the institution.
How Institution Punish the Student –
Before punishing the student, the institution must contain the disciplinary committee and only vice-chancellor has the power to constitute the committee. The institution must follow the following steps prior to punishing the student-
- The Vice-Chancellor may constitute a Fact Finding Committee to inquire into the incident of indiscipline, if any, by the students;
- The Committee shall report the matter to the Vice-Chancellor for confirmation of its findings.
- The Vice-Chancellor may also require the Committee to suggest punishment or any other disciplinary action against a student if found guilty.
- The Vice-Chancellor may award the appropriate punishment provided as per the rule and regulation of the University.
Kind of Punishment-
An institution can punish the student by way of suspension or removal from the institution. These two punishments are the major punishments except this institution can give any other kind of punishment like not to stay in the hostel, not attend the function of the institution, time-bound attendance, etc..
Show Cause Notice –
Prior to initiating any disciplinary action against the student, the institution has to issue one show cause notice that why he should not suspend or rusticate from the institution due to the indulgence of such prohibited act. When the institution took any action against the student prior to giving any such show cause notice or without giving any opportunity to hear the student, it is against the principle of natural justice of law and action taken by the institution is bad in the eyes of law.
Remedy for Student-
When the institution took any adverse action against the student, then the student has only one remedy i.e. filling a writ petition against the institution and challenge the order/action of the institution. This is only one effective remedy available for the student.