Judgment

PALEKAR, J. :- This is an appeal by special leave by three students of Rajendra Medical College, Ranchi from an order of the Patna High Court dated November 21, 1972 dismissing a Writ Petition filed by them for quashing the Order dated 24-6-1972 passed by the Principal of that College expelling them from the college for two academic sessions i.e. 1972-73 and 1973-74.

2. The appellants were Second Year students of the college and lived in a Hostel attached to the college. There was another Hostel for girl students. On the night between 10th and 11th June, 1972 some male students of the college were found sitting on the compound wall of the girls Hostel. Later they entered into the compound and were seen walking without clothes on them. They went near the windows of the rooms of some of the girls and tried to pull the hand of one of the girls. Some five of these boys then climbed up along the drain pipes to the terrace of the girls Hostel where a few girls were doing their studies. On seeing them the girls raised an alarm following which the students ran away. The girls recognized four out of these male students - three of them being the present appellants and the fourth being one Upendra Prasad Singh.

3. On 14-6-1972 a complaint was received by the Principal from 36 girl students residing in the Girls Hostel alleging the above facts. The Principal decided to hold an enquiry and entrusted the enquiry to three members of the staff viz. Dr. J. Sharan, Dr. B. B. P. Roy and Dr. (Miss) M. Quadros. The four students were directed to present themselves at 4.30 p.m. on 15-6-1972 in the Principal s room in connection with the enquiry. Accordingly, they attended at the time of enquiry which was conducted by the Enquiry Committee in the room itself - the Principal having left the place. The students were called one after other in the room and to each one of them the contents of the complaint were explained, due care being taken not to disclose the names of the girls who had made the complaint. They were also given a charge which ran as follows :

"A complaint has been lodged that you trespassed into the premises of the girls hostel at the late night of 10th/11th June, 1972, made unauthorised entry into the Junior Girls Hostel. Further you have been accused of gross misconduct. You are, therefore, asked to show cause why disciplinary action should not be taken against you for the misconduct.

You are directed to file your reply immediately to the Enquiry Committee and appear before the Committee as and when required.

Non-compliance will lead to ex parte decision."

Each one of the students was given paper and pen and asked to write down whatever he had to say. The students uniformally denied having trespassed into the girl Hostel or having misbehaved with them as alleged. They added that they were in their own Hostel at that time.

4. It appears that before the students had been called in the afternoon, the Enquiry Committee had called 10 girls of the Hostel who were party to the complaint and their statements in writing had been recorded. The Enquiry Committee also found that though there were many more students the girls could identify only these four students by name, The girls belonged to the same college and hence they had known these students. The statements of the girls had not been recorded in the presence of the appellants as it was thought it was unwise to do so.

5. After making the necessary enquiry and considering the statements of the four students who did not intimate that they wished to lead any evidence, the Committee came to the unanimous conclusion that the three appellants and Upendra were four out of the students who had taken part in the raid that night. The Committee was of the view that the students were guilty of gross misconduct and deserved deterrent punishment. They further recommended that they may be expelled from the college for a minimum period of two calendar years and also from the Hostel. Acting on this report