Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM No.1364-2018 Suit 2174-2018
MHCC010043122018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER
BOMBAY
NOTICE OF MOTION NO.1364 OF 2018
IN
S. C. SUIT NO. 2174 OF 2018
Tata Institute of Social Sciences ]
Through its Registrar, ]
V. N. Purav Marg, Deonar, ]
Mumbai-400 088. ] .. Plaintiff
Versus
1. Mr. Fahad Ahmed ]
General Secretary of Students ]
Union and others, ]
Having its office at the campus ]
Tata Institute of Social Sciences ]
Mumbai-400 088. ]
2. Ms. Shefali Saini, ]
3. Mr. Ajmal Khan, ]
4. Mr. Yashwant Bapurao Zagade, ]
5. Mr. Joy Praful Lakra, ]
6. Mr. Imran Gandhi, (deleted) ]
Address: At the Students’ Union’s ]
Office, Tata Institute of Social ]
Sciences, V.N. Purav Marg, ]
Deonar, Mumbai-400 088. ] .. Defendants.
Appearances :-
Ld. Adv. Yasmin Sarang or Plaintiff
Adv. Jesani for defendant Nos. 1 to 5.
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CORAM : HER HONOUR JUDGE
SMT. ANITA B. SHARMA
COURT ROOM NO.03
DATE : 10/04/2024
ORDER
The plaintiff has taken out present notice of motion for
claiming the relief inter alia;
(a) To direct the students to call off their agitation in the interest of
the student community.
(b) To restrain by an order of injunction to restore normalcy.
(c) to restrain the defendants/students, their supporters, followers
from demonstrating, agitating, shouting slogans, obstructing office
functions, main and material ingress or egress and in any way of
structuring free moments of men, women vehicles, material or visitors
or suppliers of essential commodities/vendors, etc, within the
campuses, offices, residential spaces or at the gate of the Tata Institute
of Social Sciences at V. N. Purav Marg Deonar, Mumbai 400 088.
(d) To restrain the defendants/students, their sympathizers, followers
from conducting any sort of dharna, strike, gheraos, hartal, within 500
meters of the campuses, offices, residential spaces or at the gates of the
Tata Institute of Social Sciences at V. N. Purav Marg, Deonar, Mumbai
400 088 and other campuses of the institute.
(e) To restrain the defendants/students, their sympathizers followers
from holding/organizing meetings or from shouting slogans within the
campus of Tata Institute of Social Sciences at V.N.Purav Marg, Deonar,
Mumbai 400 088 and other campuses of the Institute.
(f) To restrain the defendants/students, their sympathizers, followers
from displaying any sort of banners, flags, posters within the campus or
at gate or at the heritage buildings and compound walls of Tata Institute
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of Social Sciences at V.N. Purav Marg, Deonar, Mumbai 400 088 and
other campuses of the Institute.
(g) To restrain the defendants/students, their sympathizers, followers
from preventing the movement of men material, vehicles, squatting in
the office premises, assembling threatening, intimidating the officers,
staff, faculty members, family members including senior citizens and
school going children, etc. residing within the campus of the Tata
Institute of Social Sciences.
(h) To direct the defendants/students, their sympathizers, followers
to maintain peace and discipline within the campus of the Institute.
(i) To direct the Police Authorities to investigate the matter based on
CCTV Camera and took the law-breakers as per the provision of law.
(j) For such other and further reliefs as the nature and circumstances
of the case may require.
(k) Ad-interim reliefs in terms of prayers (a) to (i).
2. The plaintiff in affidavit in support contended that the
plaintiff is an institute which is funded by the University Grants
Commission and Ministry of Human Resources Development,
Government of India. By virtue of the above, the University follows the
Government of India guidelines in the matter of reservation in
admission of the various classes of students including students
belonging to Schedule Caste, Scheduled Tribes, OBC, PWD, Armed
Forces and other classes as recognized by the government of India in the
matter of reservation. The government of India however put some
restrictions on some concessions, relaxations available to the
SC/ST/OBC(NC) community students in which the institute has no role.
3. It is further contended that the students belonging to the
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certain classes have been staging demonstrations and observing bandh
whereby the normal activities of the institute have been come to stand
still. There are various activities including residential facilities for
various faculties, authorities within the campus. It is further contended
that the agitation of the students is not stopped there, but went on to
the extent of preventing normal functioning of the offices, movement of
persons and material. There are instances of keeping the residents, staff,
faculty, including the Deputy directors at captive. It is also contended
that the activities of the students are continued, unabated and that the
subject matter of the agitation is also become prominent news items in
the various local newspapers. The management of the institute by
issuing various notices and appeals informed the students that the
management has no role in the said decision and the same is purely a
Government decision and the students should not try to take law in
their hands by obstructing functioning of the offices, persons and
material including the suppliers of essential communities. It was also
brought to the notice of the students that certain instances occurred in
last few days have become a cause of concern to the management.
4. According to the plaintiff, the students have without any
notice or without giving prior intimation to the management of the
institute, resorted to strike from 22/02/2018 and have been engaged in
various acts of indiscipline, such as obstructing regular office
functioning, keeping the Deputy Directors, Deputy registrar, I decided to
staff, service staff keeping captive for more than four hours on various
days. The obstruction of persons, vehicles, material including instances
where the students have kept in captive some senior members of the
families at the gate and have prevented free moments of the persons
and material etc.
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5. It is the contention of the plaintiff that the institute being
one of the reputed institutes in the country, have prevailed upon the
students, their followers, sympathizers from time to time and have
prevailed upon them that the management of the institute have no role
whatsoever in the funding of the institute by the government of
India/UGC. It is also contended that the students however continued to
extend their bandh and the bandh continued each day thereafter. The
efforts of the management to bring to the notice of agitating students
that they are end the semester examination, thesis submission and
evaluation thereon. It is further contended that repeated notices,
meetings were held with the students, their group leaders to prevail
upon them to desist from such activities. However, the said efforts of the
management did not bear any fruits.
6. The institute has displayed various notices from time to
time. The agitation of the students, however, continued unabated in
spite of several appeals. It is further contended that the plaintiffs
apprehends that the illegal act of the students will harm the image and
goodwill of the plaintiff as the efforts of the management in explaining
the situation to the students, their delegates do not have taken a
positive note and an institute bandh situation coupled with instances of
stoppage of even suppliers of the essential commodities / holding even
senior citizen at the gate continued. The campus houses are not only
students classroom and several other facilities including residential
premises to number of officers and staff who stay within the campus
with their families consisting of senior citizens, school going children
etc. and due to the said “Tiss Bandh” agitation and consequential acts of
stoppage of peaceful movement have paralyzed the normal life of the
residents and others within the campus. The plaintiff apprehends that
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such illegal acts of the students, their supporters, members, followers,
may continue. Therefore, the plaintiff constrained to file the suit along
with this notice of motion. It is also contended that if such illegal acts of
the students are not restrained, the irreparable loss will be caused to the
plaintiff which cannot be compensated in terms of money.
7. The defendants have opposed the motion by filing the reply
mainly on the ground that the present notice of motion is not
maintainable as the relief including directions and injunctions have
been sought against the large student’s body, student community of the
plaintiff’s institute and independent minded people who are not made
party to the suit. The defendant No.1 to 5 are students of the plaintiff
and not the members of the Union. Therefore, the notice of motion as
well as suit are bad for nonjoinder of necessary parties. The defendant
No. 6 who is not the part of student’s protest and thus the suit suffers
from misjoinder of party. It is specifically submitted that no cause of
action is made out for filing the suit as well as notice of motion.
8. It is the submission of the defendant Nos. 1 to 5 that on
30/05/2017 after the admissions for the year 2017-2018 batch of the
students had commenced and the plaintiff issued a notification
withdrawing the fees waiver for hostel and dining charges granted to
SC/ST students, who were eligible for the Government of India Post
Matric scholarship (for short GoI PMS). It is also submitted that
previously in the year 2015, the plaintiff had withdrawn the financial
aid to the eligible OBC NCL, GoI PMS students and demanded of rent
payments of tuition fees, dining hall and hostel charges. It is also
submitted that when the OBC NCL students were paying only
Rs.4,500/- per semester and they were exempted from paying dining
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and hostel charges prior to Academy year 2015-2016. Pursuant to
withdrawal of the annual aid, the OBC NCL students are required to pay
Rs.1,50,000/- annually which would create financial burden on the
family and also resulting reduction in percentage of admissions of OBC
NCL students from 27% in 2014 to 18% in 2017, after withdrawal of
the financial aid.
9. It is further submission of the defendants that the plaintiff
had exempted the hostel and dining charges for SCST students since
year 1980 under the purview of the institute and as an institutional
policy, even otherwise of GoI PMS scheme.
10. It is further submitted that the plaintiff is not only funded
by the UGC, but also other sources of private funding and raises
substantial amount from non UGC sources like projects, consultancies
and donations. The plaintiff has also to receive and allocate non UGC
funding towards its research and projects and cover other areas of
expenses. The plaintiff has withdrawn essential funding aid to GoI PMS
Scheme students from marginalized sections of the society, who will to
be forced to drop out and not be able to access higher education at the
institute, if financial aid is withdrawn.
11. According to the defendant, the defendant Nos. 1 to 5 the
plaintiff is charging excessively for tuition fees, hostel, dining fees in
comparison to other deemed universities and has been increasing its
fees since 2015. It is also submitted that due to withdrawal of financial
aid to the students in respect of hostel and dining hall charges,
continuation of third semester of the students who were unable to pay
the charges will adversely affect in that respect. The plaintiff has issued
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notice on 25/05/2017 addressed to all the students about aforesaid
requirements for registration, but the students group and larger general
body of students of the plaintiffs institution accordingly demanded all
the notifications and restoration of financial aid granted to all the GoI
PMS students from these marginalized sections of society. But in the
meeting dated 20/02/2018 and 21/02/2018 the administration of the
plaintiffs institution has completely refused the demands of the
students, therefore the students union in the plaintiffs institution called
for a protest/strike in exercise of their democratic rights across all four
campus of plaintiffs institution in Mumbai, Tuljapur, Hyderabad and
Guwahati demanding restoration of financial aid to the present and
upcoming batches of GoI PMS students and financial transparency. It is
the submission of the defendants that the strike was called for only one
day i.e. on 21/02/2018 and it was peaceful wherein alongwith other
students defendant Nos. 1 to 5 have also participated. Thereafter, the
students exercising their fundamental rights under Article-21 and
constitutional freedoms for exercising their democratic rights. It is the
submission of the defendants that the defendant No.1 to 5 are the
students of plaintiffs institute and they have not indulged in illegal
conduct as alleged in the plaint as well as in the notice of motion. The
students protest has been entirely peaceful, with non violent, creative,
innovative and legitimate manner. The protest of students was peaceful
demonstration which was not in any manner creating any obstruction of
the daily functioning of the institute. There was no law and order
situation arisen due to the protest of students and not a single function
of the plaintiffs institute was disturbed. It is the submission of the
defendants that the plaintiff also was indifferent to the plight of the
protesting students and their legitimate demands, owing to which on
the 7th day of the protests, six students from Hyderabad campus were
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forced to go on hunger strike and in that respect news article dated
26/01/2016 published in the Deccan Chronicle on the protests in
Hyderabad campus ad news article dated 27/02/2018 published in The
News Minute on the students going on hunger strike. It is submitted by
the defendants that during the period of 21/02/2018, 28/03/2018,
daily classes, lecturers, proposal/synopsis presentations etc. were
regularly going on in this period, several seminars and events involving
dignitaries and attendees from outside were held. The students had
made several efforts and requests to the plaintiffs administration and
Deputy Director to held meeting for settling the issue and requested for
clarification and information on the GoI-PMS scheme.
12. It is the submission of the defendants that meeting had
been scheduled between both the parties on 28/03/2018, but on
27/03/2018 the National Commission for SCST acting upon the
complaint filed by defendant No.1 on behalf of general body of students
order an inquiry into the issues of fee cuts by the Institute summoned
officials alongwith the students representative to its head office at New
Delhi for hearing on 12/04/2018. It is further submitted that the
defendant Nos. 1 to 5 are merely five students out of large students
community from the plaintiff’s institute and across campus who are
protesting the financial aid were selectively targeted in an exemplary
fashion by filing present suit only against them. The National
Commission on SCST has also fixed a sitting at their head office in
pursuance of the complaint made by the defendant No.1 on behalf of
the general body of the students and on 17/05/2018 the defendant
No.5 has attended the same alongwith other students of plaintiff’s
institution representative and administration representative. The show
cause notice which was issued by the plaintiff to the defendant No.2 on
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12/05/2018 was brought to the notice of the Commission who after
hearing the matter issued an interim recommendation on the very same
day for not taking any action against the students on account of their
protest till the finalization of the proceedings in the Commission.
13. It is further submission of the defendants that on
09/06/2018 the administration of the plaintiff has forcibly removed the
display material for the protest, make shift tent with pamphlets and
posters of Dr. Ambedkar and several other prominent leaders which are
the part of protest demonstration. According to the defendants, this
was arbitrary action of the plaintiffs against the defendants with
intention to curb peaceful protest of students. On 19/06/2018 the
plaintiff’s addressed a letter dated 10/07/2018 to the defendants and
thereby they called upon to remove the tents, posters and other
demonstration materials, most of which had already been removed by
the plaintiffs. Plaintiff is continuing to target the protesting students
and the defendants despite the peaceful legitimate and democratic
protest. It is further submitted that the plaintiff has not come with the
clean hand and no injunction can be granted against the defendants in
respect of clear peaceful protest. On all these grounds, the motion is
opposed.
14. Perused the Notice of Motion, reply and documents. Heard
both the sides.
15. To prove the prima-facie case the plaintiff is required to
prove that the defendants have created law and order situation and
they have obstructed the persons and material including essential
commodities and also not allowed the Senior Citizens and faculty
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members to enter into the campus. To prove the case the plaintiffs is
relying on the documents viz: news published in The News Minutes and
other local newspapers, notice dated 26/02/2018 and 03/03/2018 and
grievance letter. Both the notices nowhere clearly indicate on which
date the incidents of stoppage of all the residents even supplies of
essential commodities, holding Senior Citizens at the main gate remains
continues. On the contrary the photographs filed on record indicate
that the protest and hunger strike were conducted in peaceful manner.
16. The learned Advocate for the defendants has submitted
that the general body of the students is now become changed and the
defendant No.2, 3 and 5 have left the college/plaintiffs institution. The
protest was concluded since long back. The record indicates that ad-
interim protection was granted on 19/06/2018 and the defendants have
removed articles from protest/demonstration site and clean up the
parking lot at the main gate. The photographs nowhere indicate that
the defendants have obstructed the vehicles on the main gate by placing
posters and banners.
17. The plaintiff is educational institution and the defendants
were students of the same. Prima-facie, it appears that the defendants
were placing their demands and agitation against the decision of
management in respect of GoI MPL students for their rights.
Admittedly, now the defendants have left the college and the documents
placed on record by the defendants clearly indicate that they have
conducted their Andolan/bandh in peaceful manner as well as hunger
strike. Now there is no immediate threat of any strike from the
defendants as they have not remained the part of the plaintiff’s institute
as students now. Under this situation, I do not find that the relief
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claimed by the plaintiff in the notice of motion still survives.
18. Considering the facts and circumstances of the case, I do
not find that the plaintiff has made out prima-facie case to make
absolute the interim relief granted to the plaintiff earlier by this Court.
Hence, I proceed to pass following order:-
O R D E R
1. Notice of Motion No. 1364 of 2018 is hereby dismissed.
2. No order as to costs.
3. Notice of Motion No. 1364 of 2018 is disposed of
accordingly.
(Smt. Anita B. Sharma,)
Judge,
City Civil Court, Greater Bombay
Dated : 10/04/2024 C.R. No.03
Dictated on : 10/04/2024
Typed on : 16/04/2024
Signed on : 18/04/2024
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“Certified to be true and correct copy of the original signed order”.
18/04/2024
at about p.m.
(Dastagir Babalal Mulla)
Stenographer Grade-I (Gazetted)
Court Room No.03, Gr. Bombay
Name of the Hon'ble Judge : Smt. Anita B. Sharma,
Judge, Bombay City Civil Court &
Addl. Sessions Judge,
Court Room No.03, Gr. Bombay
Date of pronouncement of
Order
: 10/04/2024
Order signed by Hon'ble13 pt
Judge on
: 18/04/2024
Order uploaded on : 19/04/2024
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NM 2306 of 2018 in Suit No.2174 of 2018
The plaintiff has taken out present notice of motion for
claiming the relief inter alia;
(a) To direct the students to remove the tents/ temporary
structure erected by the students for their activities within
the campus of the Institute.
(b) To direct the students to remove all the banners,
posters including those of National Leaders and dignitaries
displayed within the campus and across the pavement and
also plastic and flex banners which are otherwise banned
in law.
(c) To restrain the students from organizing programmes,
meetings, public lectures by inviting outsiders, public and
political leaders and holding meetings within the campus
without the prior written permission from the institute.
(d) To restrain the students from displaying any posters,
banners defacing walls within the campus.
(e) To restrain the students from in any way protesting,
obstructing normal movements of the faculties, staff,
residents, blocking the roads and otherwise disrupting the
normal functioning of the Institute.
(f) To restrain the students from creating the indiscipline
in the academic activities including the class rooms with
fellow students, faculties, staff, authorities and in any way
using abusive or indecent language or in any way
disrupting the dignity of each other.
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(g) To restrain the students from in any way agitating,
demonstrating en-mass, shouting slogans and otherwise
obstructing the normal movements of the Institute and
entering the office of the authorities without prior
permission.
(h) For such other and further reliefs as the nature and
circumstances of the case may require.
(i) Ad-interim reliefs in terms of prayers (a) to (g).
The plaintiff in affidavit in support contended
that already the notice of motion No. 1364 of 2018 is taken
out by the plaintiff for grant of the reliefs prayed therein. It
is further contended that on 27.03.2018, the defendants
appeared through their respective advocates and have
sought time to file reply to the notice of motion. It is also
contended that defendants through their respective
advocates have made a statement to this Court that they
are not involved in any obstruction, in the daily activities of
the institute and they will also not get involved in any
violent activities. It is further contended that upon passing
the said order, although the defendants were aware of the
same, a copy of the same was displayed for information of
all the students. However, it is regretfully found that the
defendants started propaganda to the majority of the
student that the Court has permitted the students to
continue their agitation and have instead of adhering to the
statements made before this Court are creating the
nuisance and obstructions and several other activities
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within the campus in spite of the order passed by this
Court on 27.03.2018 upon the undertakings given by the
defendants.
It is further contended that the statements made
by the students before this Court are totally false and
baseless as they continued to organize meeting within the
campus with slogan shouting, demonstration, display of
banners, drumming, singing by assembling at various
places. They continued to obstruct the movements of
residents who are staying in the campus and the residents
include the families of the staff, executives, school going
children, citizens. It is also contended that the students are
found displaying posters, photos of national leaders on the
pavement of the institute. It is further contended that the
said posters of the dignitaries are being displayed on the
roads, pavement within the campus. According to the
plaintiff, the students how no could see to show respect to
those national leaders are being displayed on the pavement
within the campus. The protesters did not pay any
attention to protect those banners and respect of the
dignitaries. Many do posters displayed by the students are
found on the roads which shows disrespect to those
national leaders. It is also contended that the students have
also blocked the main gate of the institute and also
prevented the female acting director from moving out of the
institute for going home on 21/02/2018 at about 8:00 pm.
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According to the plaintiff, several instances have occurred
where the staff, employees of the institute were kept
hostage, confined and they were not even allowed to attend
their natures calls on 28.02.2018. It is further contended
that the some lady members and other staff, officials,
senior citizens were not allowed to use the washrooms also
and some of them, having not able to control, had to jump
through the window.
It is also contended that there are instances
where the acting director, deputy director, faculty members
were confined, gheraoed for more than five hours on
05.06.2018 and 06.03.2018. There are instances wherein
the students went on giving speeches, shouting slogans
within the premises of the institute. The students have also
created human blockades with women for men and men for
women to fabricate false evidence.
According to the plaintiff, the repetition of the
incidences have occurred in spite of the repeated appeals to
the students by the institute through its acting director,
registrar, deans student affairs, social protection officer,
empowered committee, deputy director and even the staff
appealing to the students to allow them to work. It is
further contended that there were instances where the
students have blocked the senior citizens including women
and staff. There was an occasion where a senior faculty,
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persons with disability (PWD) staff, an occupant with a
child having health issues entering the premises were sent
back, a resident taking his daughter to school was not
allowed, blocking of staff and resident children, blocking
the former director from going out, blocking residents and
drives to go out, blocking the vehicles, blocking cars from
inside/outside, even the milk van was not allowed to come
in, not allowing people to go out at night, blocking a
mother from going out at night, blocking a mother from
going out odf the gate for bringing students from outside,
blocking the main gate of the institute by sleeping on the
road.
It is further contention of the plaintiff that on
22/02/2018 the students were not allowing the staff to
enter inside and on 24/02/1018, blocking the main
entrance by sitting in front of the gate, blocking the
residents to out at night for many days, hanging of
string noose to create atmosphere of terror. It is further
contended that entering into the Registrar’s office
forcefully and picketing, shouting, beating drums,
using mega phones, the confidential records and
documents were accessed, copied and the institute
does not know what documents are taken out, copied
as the Registrar being the custodian of the institute
dealing with many confidential records of the plaintiff’s
institute. =====
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