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Himachal Pradesh High Court · body

2018 DIGILAW 1780 (HP)

Sahil v. State of H. P.

2018-10-03

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT : SANDEEP SHARMA, J. 1. Petitioners, who are students of Government College, Rampur Bushahr, District Shimla, H.P., have approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for the following relief(s) amongst others:- “(a) A writ in the nature of certiorari may kindly be issued, quashing the impugned order dated 14th August, 2018 (Annexure P-3) whereby the petitioners have been rusticated from the college with immediate effect for one academic year. (b) That the petitioners may kindly be ordered to be allowed to continue with their studies in their respective classes. (c) That the respondent No.2 may kindly be directed to solve the matter amicably and FIR lodged against the petitioners may kindly be dropped.” 2. In nutshell, facts of the case, as emerge from the record, are that on 7th August, 2018, petitioners, named hereinabove, not only misbehaved with one of the Assistant Professors of the G.B. Pant Memorial Government Degree College, Rampur Bushahr, (hereinafter referred to as the “College”) but also gave him beatings, as a consequence of which, Assistant Professor concerned, not only filed complaint with Principal of the College, but he also lodged an FIR with the police. 3. Subsequently, Principal of the College, having taken note of complaint lodged by Assistant Professor, ordered inquiry/investigation and vide order dated 14th August 2018 rusticated the petitioners, named hereinabove, on account of their misconduct and assault done by them on the Assistant Professor. 4. Perusal of order dated 14th August, 2018 (Annexure P-3) suggests that proper investigation was carried out by the Principal, wherein both the parties i.e. present petitioners and Assistant Professor, to whom beatings were allegedly given, were provided an opportunity of being heard. 5. Though, this Court, having taken note of seriousness of the matter and uncalled behaviour of the petitioners, was not inclined to intervene however, taking note of the fact that career/future of the petitioners would be ruined, this Court requested learned Advocate General to have the matter discussed with Principal of the College. 6. On 24th September, 2018, Shri P.C. Kashyap, Principal and Mr.Bharat Bhushan, Assistant Professor, came present in the Court and apprised this Court that the behaviour of the petitioners is unbecoming of good students and in case no stern action is taken against them, it would give wrong signal to the other students studying in the College. 6. On 24th September, 2018, Shri P.C. Kashyap, Principal and Mr.Bharat Bhushan, Assistant Professor, came present in the Court and apprised this Court that the behaviour of the petitioners is unbecoming of good students and in case no stern action is taken against them, it would give wrong signal to the other students studying in the College. Petitioners as well as their parents, who had also come to the Court, tendered their unconditional apology to the Principal as well as Assistant Professor in the Court and assured that they will not indulge in any unlawful activity in future. In view of aforesaid apologetic attitude of the petitioners, who have a long career ahead, this Court requested the Principal as well as Assistant Professor to consider the matter afresh in light of unconditional apology tendered by the petitioners. 7. Today, during the proceedings of the case, Ms.Rita Goswami, learned Additional Advocate General, while placing on record communication dated 29th September, 2018 issued by Principal, apprised this Court that in view of apologetic attitude of the petitioners and their parents/guardians, college administration has decided to forgive all above mentioned petitioners and has recommended the revocation of rustication of the petitioners subject to certain conditions. Action taken report enclosed with aforesaid communication is reproduced hereinbelow:- “Action Taken Report in r/o CWP 2138/2018 In view of apologetic attitude of the students i.e. Sahil, Kapil Kaushal, Sanjeev, Mohan Singh and Nikhil Kumar and their parents/guardians, the repentance expressed by them for their belligerent act in the class of Prof.Bharat Bhushan and promise to not to repeat such cantankerous behaviour in future, the college administration has decided to forgive all above mentioned students and recommends the revocation of rustication of the students before the Hon’ble high court of Himachal Pradesh vide CWP 2138/2018 subject to the fulfillment of following conditions by concerned students:- 1. That they must always keep their identity cards with them while in college campus. 2. That they will have to attend their respective classes regularly. 3. That they will be under surveillance of the college disciplinary committee, from which they must get affirmative report regarding their conduct and behavior in campus on monthly basis for the academic session 2018-19 i.e. purposed period of rustication. 4. That they will not move in the groups inside the college campus and will not disturb the academic atmosphere by playing musical instruments in college premises. 5. 4. That they will not move in the groups inside the college campus and will not disturb the academic atmosphere by playing musical instruments in college premises. 5. That the sound renting system owned by any of these students shall not be allowed in college campus along with all hostels lying in the college. 6. That no outsider shall accompany these students in college campus. 7. They will not indulge in any act of misconduct and indiscipline in the college campus. Any violation of above conditions shall lead to reinforcement of rustication order (No. EDN (C) 2(B) 6-17/2018-795-802 o/o the Principal Govt. College Rampur Bsr. Distt.Shimla dated: 14/08/2018) of these students from college and they shall be entirely responsible for such situation. Further, since the matter is subjudice, therefore, the entry of concerned students in the campus will not be allowed till the final decision of the Hon’ble high court of Himachal Pradesh. We all are agreed to above mentioned terms & conditions.” 8. Having carefully perused aforesaid order passed by the Principal, this Court sees no reason to pass any further order and, as such, deems it fit to close the present petition. However, before parting, we wish to place on record a word of appreciation for the Principal and especially Shri Bharat Bhushan, Assistant Professor for acceding to the request having been made by the petitioners, whose act, by no stretch of imagination, could be said to be of becoming good student. 9. Since decision to revoke the rustication of the petitioners-students is subject to certain conditions, as have taken note hereinabove, it is clarified that in case the petitioners again indulge in such unlawful activities and commit breach of conditions contained in the order of revocation of the rustication, college administration shall be at liberty to take disciplinary action against them. All the petitioners, present in the Court, undertake before this Court that they shall not indulge in such illegal activities in future and shall abide by all terms and conditions put by the college administration while revoking their rustication. 10. In view of the discussion made hereinabove, present petition is disposed of. Interim direction, if any, is vacated. All miscellaneous applications are disposed of.