( 1 ) SINCE the incident is common, by this judgment we will decide both the writ petitions (CWP 2120/93 and CWP 2411/93 ). Both the petitioners in these two writ petitions are Engineering students studying in the Indian Institute of Technology, Delhi (I. I. T. ). There are two respondents. First respondent is the Union of India through the Secretary, Ministry of Human Resources Development, and the second is the Director of the I. I. T. The petitioners seek a mandamus to have the impugned orders against them set aside, and for allowing them to continue their studies in the I. I. T. Against Abu Ghunima (petitioner in CW 2120/93) the following order was made on 14 January 1993 by the second respondent :-

"the Institute Disciplinary Committee, at its meeting held on January 12, 1993 considered the incident of a fight between two groups of Palestinian students in September 1992. On the recommendations of the Disciplinary Committee, the Director has imposed the penalty of termination of registration on Mr. Maher Ayash Abad Abu Ghunima, Entry No. 90234 ME, who was found to have actively participated in the fight leading to injuries to a fellow student. Mr. Abu Ghunima is also debarred from entry into the Institute Campus. Pursuant to above decision, the penalties as aforesaid are here by imposed on Mr. Abu Ghunima. "and against El Yazgi (petitioner CWP No. 2411/93)) the impugned order, also of the same date, was as under:-

"the Institute Disciplinary Committee, at its meeting held on January 12, 1993, considered the incident of a fight between two groups of Palestinian students in September 1992. On the recommendations of the Disciplinary Committee, the Director has imposed the penalty of termination of registration for two semesters (II Semester 92/93 and I Semnester 93/94) on Mr. Naser Zohair El Yazgi, Entry No. 90024ce, who was found to have actively participated in the fight. Mr. Yazgi is also debarred from entry into the Institute Campus. Pursuant to above decision, the penalties as aforesaid are hereby imposed on Mr. Nazer El Yazi. "

( 2 ) AS would be seen from these two orders, the reason for imposing varying penalties on the two petitioners was that in the cases of Abu Ghunima it is stated that he actively participated in the fight "leading to injuries to a fellow student", while in the case of petitioner Yazgi it is mentioned that though he actively participated in the fight the words "leading to injuries to a fellow student" are not there. It is the admitted case that on 26 September 1992 in the I. I. T. a fight took place between two groups of Palestinian students. Though the fight was by way of punches and kicks, some weapon, namely, NAN-CHAKS (a sort of hitting weapon with a chain between two wooden handles), motorcycle chain, etc. , were freely used. The fight broke out after a certain function organised by one group and in this fight it is stated that certain guests, who were also foreigners, also took part. It is not necessary for us to go into the reasons which led to fight, or the nature of the fight and the injuries sustained by certain persons. The fight certainly created anindiscipline in the I. I. T. The Dean of Students called for areport from the Foreign Students Adviser about the fight who then submitted his report. Thereafter, the Dean of Students constituted a committee of three Professors of the I. I. T. to enquire into the incident and to make recommendations. This was on 8 October 1992. This Committee identified the students in the two groups having rival political sympathies and were not generally on cordial terms, and as to how the fighting ensued and the nature of involvement of the students. The Committee made certain recommendations as well. The Committee named both the petitioners being directly involved in the fight along with a third student. Meanwhile, an explanation had been called from the students as to their involvement and they submitted their representations. Then the matte