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2018 Supreme(Guj) 1151

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
Jwalant Jitendra Wadhwa - Petitioners
Versus
Institute Of Infrastructure, Technology, Research And Management (IITRAM) - Respondents
R/Special Civil Application No. 18303 of 2018
Decided On : 19-12-2018

Advocates Appeared:
For the Petitioners: Mr. Hardik C. Rawal, Mrs. Mh. Rawal
For the Respondents: Mr. H.S. Soni, Asst. Government Pleader, Mr. Dipen Desai.

Headnote:

Constitution of India - Articles 14, 21 and 226 - Institute has taken disciplinary action against the writ applicant and twenty five other students - Writ applicant has been discontinued by way of punishment from all the academic activities for the current academic year and will be permitted to continue with the academics with the academic year 2019-20 - In addition to the same, he will not be admitted in the hostel in future - Held, It is essential to maintain the integrity of legal reasonings and the legitimacy of the conclusions - They must emanate logically from the legal findings and the judicial results must be seen to be principled and supportable on those findings - Expansive judicial mode of mistaken and misplaced compassion at the expense of the legitimacy of the process will eventually lead to mutually irreconcilable situations and denude the judicial process of its dignity, authority, predictability and respectability - If the writ applicant has any remorse for his conduct, he may approach the authorities again expressing his regret and seeking forgiveness from the new entrants to the institute who must have such a traumatic experience, and the authorities may reconsider his case - However, it is entirely for the authorities to take action in the matter for keeping discipline in the institute, and I wish to say no more on the subject - Writ application rejected. (Paras 46, 47)

JUDGMENT :

1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a student pursuing his studies with the institute of Infrastructure Technology Research & Management, has prayed for the following reliefs;

“(A) be pleased to allow this petition.

(B) be pleased to issue a writ of mandamus or any other appropriate writ, order or direction by quashing and setting aside the impugned communication/order dated 22.10.2018 at Annexure-A and further be pleased to direct the respondents to permit the petitioner to carry on the study in the fourth semester and or further direct the respondents to permit the petitioner to appear in the retests which may be taken at the later stage for the third semester.

(C) Pending admission, hearing and final disposal of this petition, be pleased to stay further operation, implementation and execution of the impugned order dated 22.10.2018 at Annexure-A and direct the respondents to permit the petitioner to carry on the study in the fourth semester and further direct the respondents to permit the petitioner to appear in the retests which may be taken at the later stage for the third semester.

(D) be pleased to pass such other and further orders may be deemed just and proper looking to the facts and circumstance of the case and in the interest of the justice.”

2. The case of the writ applicant, in his own words, as pleaded in the writ application, is as under;

“The petitioner herein is a 10 year old bright student having excellent career record. The petitioner got 9.6 out of 10 CGPA in standard 10th, 95.6% in standard 12th (Science C.B.S.E), 8.62 out of 10 CPI in B. Tech, (Mechanical), Semester-1 with the Respondent No.1 and was a Batch topper in the second semester in May 2018 (9.86 out of 10 CPI) with the Respondent No.1. A complete bio data of the petitioner is annexed herewith and marked as Annexure-B to this petition. A bare look at the same will prove it beyond a shred of doubt that since admission in the Respondent No.1 University, the Petitioner has utilized every day for the constructive, educational and positive activities, in addition to being a batch topper. The petitioner submits that the midsemester exam for the second year (third semester) began from 01.10.2018. As the petitioner was in the midst of the examination, the learned Registrar came and announced that 23 students should report to him after the examination is over. After the examination was over, the petitioner along with other students reported as per the instructions. To utter shock and surprise, these students received 2 notices dated 01.10.2018 (by email) at 5:23 p.m. Informing that these 23 students were suspended from classes and other academic resources on account of their misconduct and they were required to vacate the Hostel within 48 hours. The second notice of the same date informed that these 23 students were to remain present at 11:30 am. on 03.10.2018 with respect to their misconduct at Hall No.G-5 at the University. Copies of both the notices dated 01.10.2018 received via email are annexed herewith and marked as Annexure-C to this petition. It is pertinent to note that 02.10.2018 was a public holiday and the petitioner and other students were not permitted to appear in the exam on 03.10.2018. No material or information regarding what misconduct the students have committed was given. The students were also not informed as to before whom they were to remain present. However, when the petitioner along with other students remained present at 11:30 a.m. they were informed not to carry the mobile phones with them. One by one student was called in the hall and after brief interaction each student was told to leave the premises without any interaction with other remaining students. When the petitioner entered the committee hall, an entire committee of 9 people started asking questions furiously. In fact a Fresher party was organized by about 130 students of Second Year (by contributing Rs.1

























































































































































































































































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