Writ mandamus on cctv cameras in college?
Querist :
Anonymous
(Querist) 30 September 2011
This query is : Resolved
Dear Sir,
A college Governing Council(deemed Univ.) based on a report of educationist,installs CCTV cameras in campus,class rooms,& connect to internet, to have "academic exllence & discipline.". A girl student was scolded by her parents, for chatting with boys & she is depressed.. Students' forum Association wants to file writ in HC, seeking Writ Mandamus to direct Govrning council of college to remove.
Can it be possible & on what grounds students forum be successful? Can writ stand & under what article they can take shelter or college can restrict privacy of students?
Experts,Please guide. I will be thankful.
adv. rajeev ( rajoo )
(Expert) 01 October 2011
In my opinion it is not a ground for filing a writ in the high court. Her parents may be from traditional family they may not like chatting with boys. It is the duty of the girl to convince her parents. By installing the CC Tv wont solve the problem.
R.Ramachandran
(Expert) 01 October 2011
The installation of the CCTV is within the premises of the College Campus. There is no privacy issue involved here. The CCTVs have not been installed in any of the private premises belonging to the students. Therefore, as rightly opined by Mr. Rajeev, there exists no ground for obtaining writ of mandamus.
It is not clear how does the parents come to know whether the girl was chatting with boys or not through the CCTV? While it is not a crime or wrong on the part of the girl to chat with the boys in the college, if the parents scold the girl it is for the girl to take up with her parents and tell them that she is not doing anything wrong. In any case, there is nothing for her to get depressed about. Her education should have made her strong to stand up and face such things in life.
prabhakar singh
(Expert) 01 October 2011
Mr.Ramachandran! parents of girls came to know only because the CCTVs are connected with internet also so that educationalist independent valuers may have an opportunity to watch the college campus and class rooms for their evaluation and recommendations.
But i think merely CCTV connected to net with purpose aforesaid,can NOT give birth to any change in circumstances so far as right to writ of students are concerned.
HENCE I STILL SUBSCRIBE YOUR VIEW AS CORRECT.
Raj Kumar Makkad
(Expert) 01 October 2011
I do agree with the views of both experts. There is no merit in the proposed idea of filing in writ. CCTVs are being installed in each and every office and institution to check such things, against which you want to lodge complaint.
Guest
(Expert) 01 October 2011
writ cannot be filed against individual or private institutions.
Chanchal Nag Chowdhury
(Expert) 01 October 2011
If it is a private college, writ petition will not be maintainable. However, U may file a suit for mandatory injunction for removal of CCTVs.
Advocate. Arunagiri
(Expert) 01 October 2011
Writ can be filed against private institutions if the fundamental rights are violated.
prabhakar singh
(Expert) 01 October 2011
Expert Advocate. Arunagiri! will you kindly
explore if fundamental rights are, here on facts given, violated????????
Querist :
Anonymous
(Querist) 02 October 2011
Dear Sirs,
Thanks for your valuable replies.. That girl students' parents( not trasditional) are beaurocrats... & the college has connected these CCTVs to internet.. Is any individual's privacy infringed? May be the students may think only of this ground,while approaching the courts... If discipline/security (getting compromised) is beyond control then college should not have connected CCTV cams to net & kept a watch themselves than on net.
Please guide.
R.Ramachandran
(Expert) 02 October 2011
There are no privacies much less individual privacies violated by installation of CCTVs in the instant case. Therefore, there is hardly any case for seeking writ remedy. In any case, no one can stop any one from seeking writ remedy against any perceived violation of ones fundamental right.
