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Uttarakhand High Court · body

2018 DIGILAW 488 (UTT)

ASHISH TIWARI v. CHANCELLOR, DIT UNIVERSITY

2018-12-04

LOK PAL SINGH

body2018
JUDGMENT Hon'ble Lok Pal Singh, J. Since the controversy involved in both the writ petitions is identical, therefore, they are being decided together by this common judgment and order for the sake of brevity. 2. Present petitions under Article 226 of the Constitution have been filed for quashing the impugned reference no. DITU/Acad/DC/Exp/160103901 dated 16.10.2018 passed by respondent no.3 whereby the petitioners have been expelled from the University. 3. The facts giving rise to present petitions are that the petitioners are students of DIT University, Dehradun and doing B.Tech Course in Electronic Communication and are pursuing fourth year (Seventh Semester) Court. 4. It is the contention of learned counsel for the petitioners that an unfortunate incident occurred on 06.10.2018 and one Shubh Kesarwani, a first year student, got lodged an FIR in this regard on 06.10.2018 against named accused persons including petitioners. A show cause notices were issued to the petitioners by the University. The petitioners submitted their replies and after taking into consideration the reply submitted by the petitioners, the impugned reference dated 16.10.2018 has been passed, expelling the petitioners from the College. 5. Mr. T.S. Bindra, learned counsel for the respondent would submits that the reference was passed by the Vice Chancellor of the University, which was within his domain and communication has been made to the petitioners vide reference dated 16.10.2018. Learned counsel for the respondents would further submit that against the impugned reference, the petitioners have a statutory remedy of appeal under Section 35 of DIT University Act, 2012 (hereinafter referred to as ‘the Act'). 6. Learned Counsel for the petitioners would submit that at the end of Seventh Semester, the petitioners have been expelled from the University, which amounts to a major punishment. He would further submit that the examination of the Seventh Semester has already commenced from 03.12.2018 and next examination is scheduled to be held tomorrow i.e. 05.12.2018. 7. Heard learned counsel for the parties and perused the material available on record. 8. Though the petitioners have approached this Court belatedly, but keeping in view the fact that the petitioners have been awarded major punishment when they are pursuing seventh semester. 7. Heard learned counsel for the parties and perused the material available on record. 8. Though the petitioners have approached this Court belatedly, but keeping in view the fact that the petitioners have been awarded major punishment when they are pursuing seventh semester. Therefore, in the interest of justice, it is provided that the reference/order dated 16.10.2018 of expelling the petitioners from the University shall be kept in abeyance for a period of 45 days with a liberty to the petitioners to file statutory appeal under Section 35 of the Act. Petitioners are permitted to participate in the remaining papers of Seventh Semester. 9. However, appearance of the petitioners in the remaining papers of seventh semester will not automatically give a right to them to get admission in the final semester i.e. eighth. If such appeals are filed by the petitioners within 45 days from today, the authority concerned shall consider the same sympathetically, in accordance with law. The petitioners shall surely participate in the appeal proceedings. 10. It is expected from the Vice Chancellor of the University to take a sympathetic view in the matter considering the fact that since the petitioners have completed three years out of five years' degree course and their expulsion would amount committing injustice with them as it will ruin their future, which will not only affect the petitioners alone but their family members and society also. 11. With the aforesaid observations, both the writ petitions stands disposed of. 12. Let certified copy of this order be supplied to learned counsel for the parties today itself on payment of usual charges.