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2007 DIGILAW 1888 (PNJ)

Amanpreet Kaur v. State Of Punjab

2007-10-19

ADARSH KUMAR GOEL, AJAI LAMBA

body2007
Judgment , J. 1. This petition seeks a direction to permit the petitioner to attend her Final Year Course of Nursing. 2. Case of the petitioner is that she took admission in the Nursing Course in Guru Ram Dass Institute of Nursing Education, Hoshiarpur. She studied for two years and when she was attending her Final Year Course, she was falsely implicated in FIR No. 33 dated 3.4.2006 under Sections 212/216/124-A/120-B IPC and remained in custody for three months. She could not attend her classes and fell short of lecturers. Allegation in the FIR was that one escapee from the Burail Jail, Chandigarh came in contact with her. She was not allowed to attend classes and was issued Show Cause Notice dated 23.8.2006, Annexure P-3 for taking disciplinary action on the allegation of unauthorised absence from College from 5.4.2006 to 8.8.2006. It was further alleged that she concealed material facts and submitted leave application on false ground. Later in the legal notice, it was disclosed that she was in jail. Her conduct in remaining on long unauthorised absence and concealing material facts and reasons for absence was an act of indiscipline/misconduct on her part. She filed CWP No. 15592 of 2006 which was disposed of on 28.9.2006 vide Annexure P-4 with a direction to take final decision on the alleged misconduct of the petitioner. The College dropped the Show Cause Notice as infructuous on 31.8.2006 vide Annexure P-5. It was held that since the petitioner did not attend 75% attendance in the Final year, she was disqualified from the course. She again sought permission for sitting in exam in March 2007 but vide letter dated 6.12.2006, Annexure P-8, she was not allowed to do so unless permitted by the Punjab Government. 3. Contention raised in the petition is that even if she was not eligible for appearing in examination in March 2007, she could not be debarred from attending her classes for the final year so as to appear in examination in the next year. 4. On notice being issued, a reply has been filed stating that Guru Dass Institute of Nursing Education was a purely private institution. The petitioner was admitted to Three Years Nursing Course which ended in September, 2006. She abandoned the class for Third Year and the course having come to an end, no further classes were to be held for the Third Year. The petitioner was admitted to Three Years Nursing Course which ended in September, 2006. She abandoned the class for Third Year and the course having come to an end, no further classes were to be held for the Third Year. The petitioner was not fit to be accommodated with innocent girls as she was accomplice of terrorists. She married with one P.S. Bhiora during 15 days vacation after examination of Second Year of course. The said Bhiora escaped and absconded from jail and he was responsible for the assassination of Late S. Beant Singh, the then Chief Minister of Punjab. She was arrested and granted bail on a technical ground of want of sanction from the Central Government/State Government under Section 124-A IPC. A copy of the order dated 7.7.2006 was Annexure R-3/2. She never disclosed her links with hard-core terrorists and gave an application for leave on a false ground of urgent piece of work at home. She tried to forcibly enter the class and create a scene in the college along with her father. She disturbed the peaceful functioning of the College. She was given a Show Cause Notice which she never replied and served a legal notice, which was replied on 22.8.2006. She was also served Show Cause Notice dated 1.10.2006 contemplating disciplinary action and she was suspended from the College to maintain discipline. Contemplated disciplinary action was dropped as infructuous but she was never exonerated of the charge of indiscipline. She started threatening the Principal and the Managing Director with dire consequences in the tone of a terrorist and started visiting the College with unknown persons who behaved with the college staff in unwanted and unfair manner which could not be tolerated in an institution where 400 innocent girls were studying. The Principal and the Managing Director were receiving threats on telephone at the instance of the petitioner and, thus, she did not deserve any relief. CWP No. 15592 of 2006 was disposed of without granting specific relief and restricting the relief only to finalise disciplinary proceedings. It cannot be said that she was involved in a false case on suspicion. She was fully aware of antecedents and criminal background of the persons with whom she was involved in unwanted activities and she entered into marriage with one of such persons with full knowledge. It cannot be said that she was involved in a false case on suspicion. She was fully aware of antecedents and criminal background of the persons with whom she was involved in unwanted activities and she entered into marriage with one of such persons with full knowledge. The College could not accommodate the petitioner at the cost of discipline, reputation and peaceful atmosphere. 5. We have heard learned counsel for the parties. 6. It remains undisputed that the course to which the petitioner was admitted has ended in September, 2006. There is no rule or instruction which entitles the petitioner as of right to continue studies with respondent No. 3- Institute. In these circumstances, we do not find any ground to give direction sought in the petition. Though, we do not express any opinion about the allegations in the reply or in the criminal case, the apprehension expressed by the College cannot be held to be totally unfounded. The petition is dismissed.