When any incident falling within the mischief of act defined as “ragging” under clause 3 of the UGC Regulations on “Curbing the menace of ragging in higher educational institutions, 2009 (Hereafter referred as “Ragging regulation”- which is analogously adopted by the All institution governed by the UGC) is reported to have been committed, then as a foremost provision as contemplated under clause 7 of the aforesaid Ragging Regulation, shall be given effect to. According to which the Head of institution shall immediately determine if the case complained of as an act of ragging falls within the ambit of “penal laws”, if that be so, then he either himself or through any of the member of the Anti-Ragging Committee authorised by him in this behalf, proceed to file a First Information Report (FIR), within twenty four hours of receipt of such information or recommendation, with the police and local authorities, under the appropriate penal provisions. Principally, the assumption of this role is of Parens patriae nature and be done so with that spirit.
Without prejudice to the criminal proceedings initiated against the perpetrator of ragging, the Ganga college of paramedical sciences concerned shall undertake disciplinary proceedings against the wrong-doer by giving effect to the procedure contemplated under clause 9 of the Anti Ragging Regulation: The institution shall punish a student found guilty of ragging after following the procedure and in the manner prescribed herein under:
For any legal mechanism to be fair, it is imperative that provisions and methods for impeding its abuse, shall exist inherently in regulation itself. Therefore, to obviate the possibility of abuse of anti ragging regulation, the person charged for the commission of act of ragging shall have right to appeal as provided under clause 9(c) of the Anti Ragging Regulation as under:
At every stage, it is to be noted that the purpose of regulation is preventive (so all the preventive steps enumerated in the Anti Ragging Regulation shall be complied with letter and spirit as first principle of implementation of Anti Ragging Regulation) and then corrective- as no means of retribution can resurrect the wrong done to victim and to obliterate the possibility of institutional shelter to wrong doer, it is categorically provided that where in the opinion of the appointing authority, a lapse is attributable to any member of the faulty or staff of the institution, in the matter of reporting or taking prompt action to prevent an incident of ragging or who display an apathetic or insensitive attitude towards complaints of ragging, or who fail to take timely steps, whether required under these Regulations or otherwise, to prevent an incident or incidents of ragging, then such authority shall initiate departmental disciplinary action, in accordance with the prescribed procedure of the institution, against such member of the faulty or staff. Provided that where such lapse is attributable to the Head of the institution, the authority designated to appoint such Head shall take such departmental disciplinary action; and such action shall be without prejudice to any action that may be taken under the penal laws for abetment of ragging for failure to take timely steps in the prevention of ragging or punishing any student found guilty of ragging.