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W.P(C).No.19716/2019-L
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authority would be the warden as well as Principal. Though instructions are to be
obeyed by the inmates, is there any justification in imposing such restrictions.
However in this case the question to be examined is whether such enforcement of
discipline by restricting the use of mobile phones would result in curtailing the
right of the students to acquire knowledge by different means. Using of mobile
phones by itself would not cause any harm to anyone. If a restriction is
unreasonable and arbitrary and infringes the fundamental right of an inmate, it
cannot be said that the student has to abide by such restriction, especially when the
inmate is an adult.
10.
It is therefore necessary to examine whether usage of mobile phone
during 6 pm to 10 pm would amount to indiscipline and whether the refusal to
abide by the instruction in using it should result in expulsion from the hostel. It is
stated that the object behind introducing such a restriction is to see that the
students are utilising their study time for study purposes alone. The respondents
have not stated whether usage of mobile phone by the petitioner or by any inmate
caused any disturbance to other inmates. Therefore, indiscipline comes only to the
extent of disobedience of an instruction. Then the question is whether an
instruction or restriction can stand in the way of acquiring knowledge by the
inmates.
It is also necessary to examine whether they can utilise the study time
for study purposes using the mobile phones also, in this advanced world of
technology. The college authorities as well as parents should be conscious of the
fact that the students in a college hostel are adults who are capable of taking
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