ORDER Arun Mishra, J. 1. The petitioner is assailing the action of Jawaharlal Nehru Krishi Vishwavidyalaya as per Order dated 9-5-2001 (Annexure P-21) disallowing the petitioner to pursue the studies of M. Sc. (Agriculture) Fourth Semester simultaneously along with the employment which the petitioner has obtained in April, 1997. 2. The facts unfold that petitioner was admitted to M. Sc. (Agriculture) in August, 1995. After successfully completing three semesters upto March, 1997, petitioner was undertaking fourth semester in April, 1997 when the petitioner admittedly obtained employment as Publicity Executive at Enbee Fertilisers and Chemicals Ltd., Bhopal. Petitioner's case is that, petitioner informed his teacher who did not object to his employment. In the fourth semester, research work is required to be done, it is not requirement to attend any classes. The research work which was approved for the petitioner was the study of "Job Performance of Panchayat Raj Leaders of villages in Jabalpur Block." Petitioner obtained employment at Bhopal. Petitioner afterwards was written a letter by the Dean (Annexure P/2) on 27-9-1997. The registration of the petitioner was cancelled with the retrospective effect. 3. The petitioner filed a representation to the Vice Chancellor which was rejected. He also approached the Chancellor, but his prayer again met with refusal. Hence the petitioner filed a writ petition - W.P. No. 1457/2000 which was decided on 9-1-2001 by Hon'ble Mr. Justice Deepak Mishra. This Court took notice of Statute 61, sub paragraph 2 which is quoted below:- Statute 61 (2): An enrolled student shall not engage in work for the Vishwa Vidyalaya or outside the Vishwa Vidyalaya, for or without compensation, when such work is deemed by a teacher to interfere seriously with the quality of the students' class work; provided that such a ruling of a teacher may be overruled by the Dean of Student Welfare with prior concurrence of the Dean of the Faculty to which the student belongs and the decision of the Dean of Student Welfare in the matter shall be final. In case of difference of opinion between the Dean of Student Welfare and the Dean of the Faculty, the matter shall be referred to the Vice Chancellor whose decision in that case shall be final. In case of difference of opinion between the Dean of Student Welfare and the Dean of the Faculty, the matter shall be referred to the Vice Chancellor whose decision in that case shall be final. This Court directed that opportunity of hearing should be afforded for the purpose of establishing that his case was not covered by the Statute 61(2) and that by his acceptance of the job, his research would not be affected. Pursuant to the direction issued by this Court detailed order has been passed by the Dean. College of Agriculture, Jabalpur on 9-5-2001 (Annexure P-21). It is mentioned that M. Sc. (Agriculture) is a professional degree in which full one year is devoted to the course and one year to the seminars on the topic assigned by the Advisory Committee, the Advisory Committee never allowed him to seek employment, petitioner never informed any of the members, he never filed any application in writing, thus he tried to hide, with ulterior motive to defraud the system and college. It is also one of the ground that a student of M. Sc. has to complete minimum residential requirement of four semester in order to become eligible for the Master's degree. It means a student has to stay in the college for his minimum 4-5 semester being a professional course. It is also submitted by the learned counsel for the respondents and that too rightly that if such moving out for obtaining employment is allowed, same may create chaotic situation and it would be very difficult to maintain the discipline amongst the students doing full time course. 4. Learned counsel for the petitioner submits that rejection of the petitioner's prayer and action of the University in cancelling the registration itself and wiping off the education obtained by the petitioner for three semesters is entirely uncalled and permission ought to have been accorded which has been wrongly refused after the direction passed by this Court in the previous writ petition. Learned counsel for the petitioner further submits that petitioner be allowed to complete the fourth semester as a regular student meeting with the residential requirement of the respondent-University. 5. Learned counsel for the respondents justifies the action of the University and contends that the orders are proper and no interference is called for in the academic matter particularly when the action taken cannot be said to be malafide. 5. Learned counsel for the respondents justifies the action of the University and contends that the orders are proper and no interference is called for in the academic matter particularly when the action taken cannot be said to be malafide. He also places reliance on Academic Regulations contained in paragraph 14.1 (Annexure P-l) which provides that continuance of a student as enrolled student of the Vishwa Vidyalaya shall depend on the fulfilment of the following conditions:- (a) Continuous satisfactory academic performance. (b) Satisfactory conduct and disciplined behaviour. (c) Satisfactory health and physical capacity to continue the academic activities. (d) Timely payment of prescribed dues/fees to the Vishwa Vidyalaya and registration. 6. After hearing learned counsel for the parties, I am of the opinion that statute 61(2) quoted above clearly provides that enrolled student shall not engage in work for the Vishwa Vidyalaya or outside the Vishwa Vidyalaya, for or without compensation, without permission of teacher, ruling of a teacher may be overruled by the Dean of Student Welfare and prior concurrence is necessary to be obtained before obtaining employment. It appears that Petitioner remained under wrong impression that since he was only required to perform research work in the fourth semester, he could stay at Bhopal and undertake research work at Jabalpur. Petitioner appears to have violated the residential requirement which is necessary as one should attend the campus during M. Sc. which is a four semester course. Thus it cannot be said that respondents acted arbitrarily in refusing the permission to the Petitioner while passing the Order (Annexure P-21). The Petitioner was posted at Muktsar (Punjab), Raipur and Bhopal. It could not be safely presumed that Petitioner may be able to undertake work from Bhopal, Raipur or from Muktsar (Punjab). Thus order (Annexure P/21) cannot be said to be improper in any manner. 7. Coming to the next question whether the action of the respondents in cancelling the registration itself of the petitioner and wiping off the studies which the petitioner undertook of three semesters as per rules without obtaining employment, is proper. Right to education is a fundamental right and no person can be deprived of this right in arbitrary manner. Penalty for any wrong has to be comensurate with gravity of misconduct. Right to education is a fundamental right and no person can be deprived of this right in arbitrary manner. Penalty for any wrong has to be comensurate with gravity of misconduct. In this case, misconduct was not of indisciplined behaviour, petitioner had obtained employment which is scarce now-a-days and was laboured under wrong impression that there is enabling provision and he could obtain the permission later on and the job work did not affect the resarch work seriously and he was not required to attend the classes in the fourth semester. Thus wiping off the education of three semesters and cancelling the registration is held to be excessive and illegal. Order-Annexure P/6 is thus liable to be quashed. Other orders passed rejecting the representations automatically fall. In case Petitioner offers himself available for the next available semester as regular student of fourth semester after duly obtaining leave from the employer, he shall be allowed to complete his fourth semester and submit his research. It is made clear that the petitioner has to attend the entire fourth semester as per requirement of the University taking permission and leave from employer. Petitioner shall be given opportunity to attend fourth semester. 8. Cost on parties.