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Bombay High Court Upholds TISS PhD Student’s Suspension for Politically Motivated Protest Under Institute’s Banner

 

Bombay High Court Upholds TISS PhD Student’s Suspension for Politically Motivated Protest Under Institute’s Banner

The Bombay High Court recently upheld the suspension of Ramadas K.S., a PhD student at the Tata Institute of Social Sciences (TISS), who was suspended for two years following his participation in a politically charged protest. The court determined that his involvement, under the banner of the Progressive Students' Forum (PSF) associated with TISS, could be perceived as representing the institute's stance, thereby bringing it into disrepute.

Background

Ramadas K.S., a Dalit scholar, had been pursuing his doctoral studies at TISS, benefiting from a national fellowship designated for Scheduled Caste students. In January 2024, he participated in a "Parliament March" in New Delhi, organized to protest against the Bharatiya Janata Party (BJP) government and the implementation of the National Education Policy (NEP). The protest materials, including posters, featured the acronym "TISS" alongside "PSF," suggesting an affiliation with the institute.

Institution's Response

Following the protest, TISS issued a show-cause notice to Ramadas, alleging misconduct and labeling his actions as "anti-national." The institute's primary concern was that the use of "TISS" in the protest materials could lead the public to believe that the institute endorsed the protest's views, which were overtly political and critical of the government. After considering his response, TISS suspended Ramadas for two years and withheld his scholarship, citing "repetitive misconduct" and participation in activities that could tarnish the institute's reputation.

Legal Proceedings

Challenging his suspension, Ramadas filed a petition in the Bombay High Court, arguing that the disciplinary action infringed upon his constitutional rights, including freedom of speech and association. He contended that the suspension was a punitive measure aimed at suppressing his political views and activism.

Court's Findings

The division bench, comprising Justices A.S. Chandurkar and M.M. Sathaye, examined the case and concluded that the protest was "politically motivated." The court observed that by participating under the "PSF-TISS" banner, Ramadas created an impression that the institute endorsed the protest's views, potentially bringing disrepute to TISS. The judgment noted, "It is therefore clear as sunshine that the said march was politically motivated... This has brought disrepute to the Institute in its view."

The court further emphasized that while individuals have the right to their political views, institutions also have the right to protect their reputation and maintain neutrality in politically charged matters. The bench found no evidence of discrimination in TISS's actions and upheld the suspension, stating that the institute's decision was neither illegal nor arbitrary.

Conclusion

This case underscores the delicate balance between individual freedoms and institutional integrity. While students have the right to engage in political activities, doing so under the banner of their educational institutions can imply institutional endorsement, potentially affecting the institution's reputation and neutrality. The Bombay High Court's decision highlights that educational institutions can take disciplinary actions to preserve their impartiality and uphold their codes of conduct when faced with such situations.

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