Kerala HC upholds college order to rusticate female student for eloping with classmat

Kerala HC upholds college order to rusticate female student for eloping with classmate

The court also said that since the couple were found living together and were apprehended by police, it did not feel compelled to intervene in favour of the girl

The Kerala High Court on Saturday dismissed a petition filed by student of Mar Thoma College of Science and Technology, Chadayamangalam, challenging her dismissal from for allegedly eloping with a boy from her class, reports Live Law.

The fourth semester Bachelors semester student was studying English Language and Literature and was reportedly living in a lodge with the boy when the couple was found by the police and sent back to their parents.

The petitioner said that she could only be accused of falling in love with a batchmate, which did not substantiate the termination of her admission in college, especially because she was in the fourth semester of the six-semester course. The petitioner also said that she had an excellent academic record.

Justice Vinod Chandran, who heard the case, maintained however that this was not merely the case of a college affair but of the college setting an example through disciplinary action.

Read more at: http://www.thenewsminute.com/articl...ticate-female-student-eloping-classmate-46625

Ridiculous.. I mean the actions of the college... and strange, the verdict of the judge !

Two students falling in love and eloping is not a case of disciple. Rather it is an indication of the stressful situation they found themselves in due to their love for each other. The action of the college would probably fail to address the main issue - why did the couple see the need to elope?

auh said:

Ridiculous.. I mean the actions of the college... and strange, the verdict of the judge !

Two students falling in love and eloping is not a case of disciple. Rather it is an indication of the stressful situation they found themselves in due to their love for each other. The action of the college would probably fail to address the main issue - why did the couple see the need to elope?

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Perhaps the college might have failed to afford internal facilities; therefore the couple ( ! ) could have eloped !!

In case, the eloping is not construed as indiscipline in a college which is considered as an aboard of learning,then what else could be discipline !

I go by this judgement.


"This is not a mere case offalling in love; but two students taking the drastic step of eloping and livingtogether without even contracting a marriage. As consenting adults they coulddefinitely act according to their volition. But, here they could not have evenlegally entered into a marriage," said Justice Chandran.

"Whentaking such drastic step for the sake of love, as adults, they should also beready to face the consequences. The Management’s concern of setting an exampleto the other students and ensuring maintenance of discipline in the educationalinstitution cannot be easily brushed aside," he added."

I also appreciate the college management for initiating disciplinary action gainst acts of such students.

Let it be an eye opener to other students.

Study while you study;
Love while you Love;
Work while you work
Play while you play;
That is the way to be happy and gay !

yesmohan said:

Perhaps the college might have failed to afford internal facilities; therefore the couple ( ! ) could have eloped !!

In case, the eloping is not construed as indiscipline in a college which is considered as an aboard of learning,then what else could be discipline !

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V.Balasubramani said:

I go by this judgement.


"This is not a mere case offalling in love; but two students taking the drastic step of eloping and livingtogether without even contracting a marriage. As consenting adults they coulddefinitely act according to their volition. But, here they could not have evenlegally entered into a marriage," said Justice Chandran.

"Whentaking such drastic step for the sake of love, as adults, they should also beready to face the consequences. The Management’s concern of setting an exampleto the other students and ensuring maintenance of discipline in the educationalinstitution cannot be easily brushed aside," he added."

I also appreciate the college management for initiating disciplinary action gainst acts of such students.

Let it be an eye opener to other students.

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A college should be a place of inquiry into the branch of knowledge and not succumb to social / religious pressure. It is not, if I may say, within the ambit of an educational institution's purview to interfere with the private decisions of individuals, even if it be their students. The college has taken a moral standpoint that cannot stand the test of time. I am only surprised that a court of law has sided with a parochial view of the college.

The college has overstepped its jurisdiction hanging on the power it wields over the students' continuance. On similar lines, can we conclude that an office can dismiss employees if they fall in love?

auh said:

e. On similar lines, can we conclude that an office can dismiss employees if they fall in love?

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Auh Ji,

Falling in love, living together, begetting children, etc etc... and what prevent them to getting married........?

I think it is a clear case of over stepping by a student .. repeat student, who tried exploit her privilege as a student by eloping with a batch mate.

Schools, Colleges, etc are considered as a temple of wisdom and the students are expected to maintain discipline.

And we cannot compare Educational Institutes with that of Office. Though there is no law against Office romance, such act of a staff may create an odd awkward situation among the colleague which may lead to something much worse and ultimately tarnish the image of the staff concerned.

V.Balasubramani said:

Auh Ji,

Falling in love, living together, begetting children, etc etc... and what prevent them to getting married........?

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It is their choice sir. A college cannot, and should not, impose its moral views on the society.

Eloping with one another by two individuals is no body's business as long as it does not affect/influence the other people's life around. It is then the moral policing steps in when it starts affecting the life of people living around. Live-in relationships are here to stay and even courts have in certain cases have accepted that live ins should be given some sort of legality. However, this particular case has a back ground of an educational institution, must have prompted the authorities to take such a strict stand..

GANESH65 said:

Eloping with one another by two individuals is no body's business as long as it does not affect/influence the other people's life around. It is then the moral policing steps in when it starts affecting the life of people living around. Live-in relationships are here to stay and even courts have in certain cases have accepted that live ins should be given some sort of legality. However, this particular case has a back ground of an educational institution, must have prompted the authorities to take such a strict stand..

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Perhaps the correspondent of the College might be of the view that the students of his educational Institution should have moral values and specified certain pre-conditions as a code of conduct for the students, at the time of admission itself.

In case, if any parents do not like this, they could very well file a PIL in High Court, demanding the Right to Elope for their boys & girls.

In Tamilnadu where eloping is considered as a taboo, moral policing is also necessary in colleges to provide the atmosphere conducive for education ....besides avoiding the caste clashes emanating in a big level.

Of course, culture differs from State to State.
In States, where women are sociable and have more rights in society,eloping may be just an incident.

auh said:

It is their choice sir. A college cannot, and should not, impose its moral views on the society.

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Auh Ji,

Do you mean to say that the College is meant only to impart Academic Education and not moral values ?

And I know that imparting is different from enforcing.

This college has gone one step ahead by enforcing discipiine.

And you mean to say that the college is not liable to enforce the value-laden laws among its studnets?

I think every public is bound to enforce such laws, besides abiding, anbody can enforce such value-laden laws.

And you have not answered my question directly Sir.

What prevented them getting married and remain a law abiding citizen?

What is our moral responsibility?

Are we not supposed to live in the society by following strctly the standards of ethics and morality set by various value-laden laws?.

Will any Member of the society whole heartedly permit his daughter/son to elope with his/her batch mate?

If the Correspondetn don't take such a disciplinary action to mend a student, then who will act?

I think every student has a moral responsibility to the follow typesof behaviour deemd quite acceptable and desirable in the society we live.

If I am wrong, please enlighten me...

hi

college is for study....some pvt religious institutions enforce strict religious law...especially christian colleges....its bad name

for college also...eloping in office is different from as student...

Surprised.

Usually colleges do not get involved in personal lives of students as long they have not committed a crime or broken any college rule.

There were some students in college who used to have live in relationships and stayed in rented houses away from campus and yet they attended colleges and some of them were even Gold Medalists!

renuka said:

Surprised.

Usually colleges do not get involved in personal lives of students as long they have not committed a crime or broken any college rule.

There were some students in college who used to have live in relationships and stayed in rented houses away from campus and yet they attended colleges and some of them were even Gold Medalists!

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Doctor Mam,

Academic Excellence is nothing to do with adhering to moral values....!!

And what is the need to bring Academic Excellence here...?

It is about a college enforcing discipline among its student in the interest of upholding better standard on ethics and morality.

And I expected this comment from you.

Nice...

Good day....



P.S: With your entry into this thread, I now expect army of your second-in-command and lieutenants to invade this thread with their firebrand preaching....

And I remember the thread on 'Dating'.

What if it was a Muslim man who decided to take a 2nd or 3rd wife while studying in the college. Would the college have dared to intervene in that case?

What if there was a Brahmin student who refused to do Trikala Sandhya? Would the college have intervened?

When does all the moral policing stop? What exact law did the couple violate?

biswa said:

When does all the moral policing stop? What exact law did the couple violate?

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Biswa Ji,

If they would have violated any law of the land, a criminal case would have been registered and law will take its own course.

In this case they were sent back to their families which is obvious.

Perhaps the college authorities must be b very serious in maintaining better standard of ethics and morality, besides Academic education and the judge who heard the case must be a strict disciplinarian.

renuka said:

Surprised.

Usually colleges do not get involved in personal lives of students as long they have not committed a crime or broken any college rule.

There were some students in college who used to have live in relationships and stayed in rented houses away from campus and yet they attended colleges and some of them were even Gold Medalists!

Click to expand...

hi renu,

nice experience in MANIPAL...lah...

tbs said:

hi renu,

nice experience in MANIPAL...lah...

Click to expand...

Many stories!LOL

V.Balasubramani said:

Doctor Mam,

Academic Excellence is nothing to do with adhering to moral values....!!

And what is the need to bring Academic Excellence here...?

It is about a college enforcing discipline among its student in the interest of upholding better standard on ethics and morality.

And I expected this comment from you.

Nice...

Good day....



P.S: With your entry into this thread, I now expect army of your second-in-command and lieutenants to invade this thread with their firebrand preaching....

And I remember the thread on 'Dating'.

Click to expand...

Dear Sir,

I would prefer to not comment about Morals cos Morals is subjective.

I would prefer to use the word Legal.

Legally the couple did not violate any law.

Its that simple.

In fact the college ruined the education of the girl.

So the college has no ethics to expel her cos she had not broken any rule.

The HC too was not being legal the judge was playing Moral Police.

So the judge himself was not doing his duty right.

Many parties here did not uphold their ethics.

Not even one person had foresight...about the future of the girl's education.

If they really wanted to play moral police..they could have just suspended her and her boyfriend.

BTW was the male student also expelled?


Nice to know I have a second in command..lieutenant etc..makes me feel like a Maha Sena!LOL

Sir, as per your wish, I will submit my answer paper now.

V.Balasubramani said:

Do you mean to say that the College is meant only to impart Academic Education and not moral values ?

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Yes, morality is based on many variables and is not a constant. A college has to nurture the mind, not instill with a totalitarian attitude.

And I know that imparting is different from enforcing.

This college has gone one step ahead by enforcing discipiine.

Click to expand...

Enforcement of discipline should not lie with the college.

And you mean to say that the college is not liable to enforce the value-laden laws among its studnets?

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You are arguing just for argument's sake. Let us suppose that in a particular school where they admit students of all religions, but enforce only one particular religion's moral code and edicts, would you nod your head in acceptance?

I think every public is bound to enforce such laws, besides abiding, anbody can enforce such value-laden laws.

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Such thinking may well be the cause of "katta panchayats", "honour killing", "moral-policing" etc. What is needed is to understand that there are boundaries beyond which it is the realm of the individual to do as he desires. An inability to tolerate an individual's wish is not morality. It is simply anger. Anger that someone is doing what the other cannot do.

And you have not answered my question directly Sir.

What prevented them getting married and remain a law abiding citizen?

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I have answered it sir, but your moral code, perhaps, did not accept it. The answer is - it is their wish. What they chose to do is not subject to our ratification. Their wish need not be bound within our ethics !

What is our moral responsibility?

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This is quite a question for which we may not have any satisfactory answer. Best is to respect individual wishes as long as they do not inflict any physical harm (on themselves or others).

Are we not supposed to live in the society by following strctly the standards of ethics and morality set by various value-laden laws?.

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No sir. Who told you that?

p.s. when I saw "value-laden", it was ominously similar to "bin-laden" !

Will any Member of the society whole heartedly permit his daughter/son to elope with his/her batch mate?

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Who is a parent, or for that matter, anybody, to PERMIT an adult (whether it be his daughter or son) to do something of his/her own volition? I think as parents one can only give the best emotional, rational and educational background to a child.

If the Correspondetn don't take such a disciplinary action to mend a student, then who will act?

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The whole point is that there was no need to act.

I think every student has a moral responsibility to the follow typesof behaviour deemd quite acceptable and desirable in the society we live.

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I highlighted the part because it emphasizes the basis on which you drew the conclusion that every student should follow certain protocols of society. Well, people think differently, and the same exercise probably channeled the students to the conclusion that they chose. What is your problem with their thinking? After all, it is your thinking vs their thinking !

If I am wrong, please enlighten me...

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I have tried.

V.Balasubramani said:

Biswa Ji,

If they would have violated any law of the land, a criminal case would have been registered and law will take its own course.

In this case they were sent back to their families which is obvious.

Perhaps the college authorities must be b very serious in maintaining better standard of ethics and morality, besides Academic education and the judge who heard the case must be a strict disciplinarian.

Click to expand...

Sir, may I gently remind you that you chose to ignore biswa's two questions... !

auh said:

Sir, may I gently remind you that you chose to ignore biswa's two questions... !

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Sir,

May I ask you why bringing in the religion here..???

The essence of the issue is maintaining discipline among students.