Disciplinary actions in educational institutions must adhere to procedural rules ensuring the right to a fair hearing; failure to do so contravenes natural justice and invalidates punishment.

HARISH KUMAR, J.

JUDGMENT :

1. Heard the parties.

2. The petitioners having successfully got through the Bihar Combined Competitive Examination Board Examination, 2021 admitted in the Darbhanga College of Engineering in Electrical and Electronics Engineering for the academic session 2021-25.

3. While the petitioners were pursuing their 4^th Semester, in the meanwhile, owing to lack of basic amenities in the college, a protest was made by the students on 19^th of October, 2023, which led to interference of the administrative authorities in order to pacify the agitating students. The grievance were reported to the higher authorities. This incident attracted the print and electronic media, however, the agitation made by the petitioners was taken up by the Disciplinary Committee of the College, who in turn, issued office order dated 23.02.2024, asking the petitioners along with others to explain as to why they may not be expelled from the college.

4. The petitioners appeared before the Disciplinary Committee, who have been given a questionnaire to answer. They submitted their reply to each and every points raised in the questionnaire. However, the Disciplinary Committee did not satisfy with the explanation of the petitioners and they have come out with the office order dated 23.02.2024, contained in Letter No. 392 whereby the petitioners have been said to be in leading role in the lockdown of the college by the students and also alleged to have provoked the students and finally, the petitioners have been expelled from the colleges and its hostel for the period of one year vide order as contained in Memo No. 458 dated 06.03.2024. By the said letter, it has also been informed to the petitioners that they would join the college from the 5^th Semester along with the students of the academic session 2022-26, besides the direction to vacate the hostel within two weeks.

5. The aforenoted letters were put to challenge by filing the present writ petition. In the meanwhile, the examination of 5^th Semester was also notified and the petitioners have also prayed for a direction upon the respondents to allow them to participate in the examination. Considering the submissions, this Court vide order dated 01.04.2024 directed the Principal of the College to allow the petitioners to appear in the mid-semester exam, subject to the final outcome of the present case.

6. During the pendency of the writ petition, the respondent authorities of the College have come out with the office order contained in Memo No. 1105 dated 06.07.2024, wherein the petitioners have been restrained from attending the offline/online classes of the 6^th semester, which led to filing of an interlocutory application bearing I.A. No. 01 of 2024. However, in the light of the earlier order of this Court, the petitioners have been allowed to appear in all the exams, but their results have not been published, awaiting the final outcome of the writ petition.

7. Mr. Binodanand Mishra, learned Senior Advocate representing the petitioners has submitted that besides the admitted position that the petitioners have been sincerely pursuing their classes and successfully completed all the previous semesters by getting good CGPA; at the time of lockdown by the students, the petitioners were in their hostel and in fact they had nothing to do with the lockdown, as the same was agitated by the students, who were a