( 1 ) WITH the consent of the parties, argument shave been heard in the matter and the petition is being disposed of finally.

( 2 ) BY way of the present writ petition the petitioner is seeking to challenge the order dated 13/10/1998 whereby the respondent-University had decided not to allow the petitioner admission in any class/course in the Jamia Millia Islamia in future. The petitioner at the relevant time was a student of the class l2th and by the same order he was permitted to attend classes and could appear in the examination of class 12. Pursuant to the permission granted for class 12 examination of the. University, the petitioner was able to clear the said examination. After passing the examination, he applied for admission in B. Tech Course of the respondent university. Admission to this Course in the University is on the basis of merit in the written test and interview. Petitioner appeared in the entrance examination and his name was shown in the merit list. He, however, was not called for interview and on being approached the University informed him that on account of the order dated 13/10/1998 he cannot be admitted in any course in the respondent University. Being aggrieved by this order, the present writ petition was filed.

( 3 ) IT is the contention of the petitioner that in the year 1998 he was a student of class 12 of the Senior Secondary School of the University. He was given admission after he had completed his class 10 examination from the same University. On 7/09/1998 the petitioner received a show-cause notice informing him that since he was involved in fighting with some outsiders residing in Azeem Dairy, he had violated the disciplinary norms of the Hostel on the mid-night of 6th september, 1998 and he was therefore asked to explain within two days as to why disciplinary action be not taken against him. The petitioner in reply to the show cause notice wrote to the Principal of the School that on the fateful day, he had returned with his elder brother, who had taken him for treatment, around 10. 30 PM at the Hostel and in the morning when he went to Azeem Dairy to collect his clothes from the washerman, he was recognised by certain persons as a hosteller and was apprehended by them alleging his involvement in the fight that had taken place the previous night. He stated that he was alaborious student having secured 80% marks in class X and was a topper in the Class 11th Examination held by the University. Being not satisfied with his reply, the petitioner was called upon to appear before the Disciplinary Committee on 18/09/1998 at 4. 30 P. M. In the meantime, it appears that certain persons residing near Azeem Dairy informed the University that the petitioner was not involved in the case at all and no action should be taken against him. the Disciplinary Committee of the respondent in its meeting held on 18/09/1998, however, took a serious view of the alleged misconduct of the petitioner and holding that he was involved in a physical fight with the residents of Azeem Dairy, the owners of STD booth and tea stall of the same locality at around 11. 00p. M. on6. 9. 98, decided not to allow him to take admission to any class / course of the University in future.

( 4 ) IT is the case of the petitioner that firstly he was not involved in any act of misconduct which could entitle the respondents to take action against him and secondly there was no material before the University to hold that the petitioner was involved in any such incident. It is also submitted that the petitioner had not been given any opportunity to defend himself and prove his innocence and in any case the alleged incident having taken place outside the University premises had nothing to do with the discipline of the University. Action, therefore, taken against him was alleged to be arbitrary and capricious and violative of the principles of natural justice. It is further submitted that to receive education was a fundamental right o