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2002 Supreme(AP) 1288

Andhra Pradesh High Court
Judges : S.ANANDA REDDY
R.Seshagiri Rao - Appellant
Versus
University of Hyderabad - Respondent
Decided On : 11-11-02

Headnote:

Indian penal Code - Section 149 - Industries Development and Regulation Act – Subsequently by way of amendment - Sought for quashing – incident - Vice-Chancellor - Against order of rustication passed by respondent in Proceedings vide which all petitioners were rusticated with immediate effect - Subsequently by way of amendment petitioners sought for quashing of proceedings issued by executive Council of respondent university in appeal modifying order passed by respondent and reduced period of rustication to two years in respect of some of petitioners and to one year in respect of others – Held, There is absolutely no merit in contending that still there is violation of principle of natural justice - Appellate authority is headed by eminent persons like Chairman Indian Space research Organization, Bangalore Vice-Chancellor West bengal National University of Jurisdical sciences Kolkata etc and they have taken into account even previous conduct of petitioners - In fact as already referred previous involvements of petitioners clearly show that some of petitioners were indulged in similar acts of violence even earlier and imposition of punishment of rustication of two years on petitioners and one year on petitioners in facts and circumstances of case is just and proper and does not call for any interference - Writ petition is dismissed.

S. ANANDA REDDY, J.

( 1 ) THIS writ petition is filed by the aggrieved students of the 1 st respondent university against the order of rustication passed by the 2nd respondent in Proceedings, vide Ref. No. R/acad/2002, dated 11-1-2002 under which all the petitioners were rusticated with immediate effect.

( 2 ) SUBSEQUENTLY, by way of amendment, the petitioners sought for quashing of the proceedings, vide Lr. No. UH/r/ ACAD/ 2002, dated 31-3-2002 issued by the executive Council of the 1st respondent university in appeal modifying the order passed by the 2nd respondent and reduced the period of rustication to two years in respect of some of the petitioners and to one year in respect of others.

( 3 ) THE brief facts of the case are that the petitioners 1 to 6 are prosecuting their Research Study in various departments. Petitioner No. 7 is doing M. Phil. , in History, while the petitioners 8 and 9 are prosecuting their Post-Graduation in History and anthropology respectively. It is stated that some of the petitioners are office bearers of dr. B. R. Ambedkar Students Association (for short the Association ), which is stated to have been formed to protect the interest of unprivileged members of the Society. It is stated that there are number of hostels and separate wardens are in-charges of the respective hostels and in respect of one of the hostel, one Dr. Ratnam was the in-charge. In respect of the same hostel, a second warden was appointed and while allocating the duties among the two wardens, the work of sanitary and hygiene work was entrusted to Dr. Ratnam, who belongs to the Scheduled Caste community. According to the petitioners, the said allotment of work has effected the sentiments of the students belong to that community and therefore, a representation was made to the chief Warden bringing to his notice the sentiments of the students of that community on 9-1-2002. According to the petitioners, the Chief Warden, gave appointment to the students on 10-1-2002 at 4-30 p. m. On 10-1-2002, the petitioners along with other students went to the Chief Warden building to meet him. The Chief Warden was in his chamber along with some other Wardens including the one by name Dr. Rajashekar, who also incidentally belongs to the scheduled Caste community. By the time the students went to the Chief Warden building, the Chief Warden had summoned the security staff. It is further stated by the petitioners that when they represented the matter to the Chief Warden, he refused to listen the students, saying that it is an internal matter of administration and he need not answer to the students. When the students were agitated, the security staff took him inside his office and bolted the room. Another warden, who was present, tried to obstruct the students, when they were raising slogans asking the Chief warden to come out. There was some scuffle and they pacified the students and asked them to wait. Meanwhile, police arrived and they told them that they will look into the matter and asked them to disperse. Accordingly, the petitioners have dispersed. It is further stated that it appears that during the scuffle the warden fell down, but did not receive any injuries. The incident is termed as physical violence. Further, it is stated that no complaint was lodged against the petitioners either by the Chief Warden or by the other Warden, but only the Registrar lodged a complaint before the Police, naming 11 persons, basing upon which a crime was registered. In fact, at the time of hearing, the learned counsel stated that no complaint was lodged on 10-1-2002, but the complaint was lodged only on 11-1-2002. It is also further stated that no action was taken by the University authorities when the students belong to scheduled Caste community were insulted and humiliated. It is further stated that a complaint was given by the Association under the SC and ST Act on 10-1-2002 against the Chief Warden, which was registered as crime No. 22 of 2002. On 11-1-20


























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