The Dean of Government Medical College, after following the principles of natural justice, dismissed a final year medical student due to bad behavior. The dismissed student directly appeals to the Supreme Court for relief. Will the Supreme Court entertain the student’s appeal?
TheSayeed Answered question March 15, 2024
Facts of the Case:
- The Dean of Government Medical College dismissed a final year medical student for bad behavior.
- The dismissal followed the principles of natural justice.
Issue in the Case:
- Will the Supreme Court entertain the appeal of the dismissed medical student?
Principle:
- Under Article 32 of the Indian Constitution, the Supreme Court is empowered to enforce fundamental rights.
- The Supreme Court cannot refuse to entertain petitions seeking enforcement of fundamental rights if there is an infringement.
Judgement:
- As per the precedent set in Romesh Thapper Vs State of Madras, AIR 1950 SC 124 at p. 126, the Supreme Court is constituted as a protector and guarantor of fundamental rights conferred by Part III of the Constitution.
- Once a citizen establishes an infringement of their fundamental rights, the Supreme Court cannot refuse to entertain petitions seeking enforcement of those rights.
- In the present case, if the dismissed medical student can demonstrate that their fundamental rights have been violated in the process leading to their dismissal, the Supreme Court is bound to entertain their appeal.
Therefore, if the dismissed medical student can provide evidence of a violation of their fundamental rights during the dismissal process, the Supreme Court is obligated to entertain their appeal and provide relief accordingly.
TheSayeed Answered question March 15, 2024