IMPORTANT POINT
The main legal point established in the judgment is that the expulsion of students from a university must adhere to the principles of natural justice, including providing an opportunity of hearing as mandated by the University Statute 22.20.

JUDGMENT :

Sandeep Sharma, J.

Since common questions of facts as well as law are involved in the above captioned cases and similar relief has been claimed, all the matters were heard together and are being disposed of vide common judgment.

2. Petitioners herein are aggrieved with order dated 22.11.2023, passed by the Dean of Studies, Himachal Pradesh University, whereby they came to be expelled from the University on account of their having allegedly indulged in brutal/violent incident occurred near R&ME Section of Himachal Pradesh University on 20.11.2023.

3. For having bird’s eye view, facts, which are common in all the cases, are that on 20.11.2023, a violent incident occurred in front of main library of the respondent-University, wherein allegedly, one student namely Chandan, was brutally beaten by the petitioners herein. In the aforesaid alleged incident, aforesaid Chandan suffered grievous injuries, as a result thereof, he not only remained admitted in the hospital, but was also operated on account of fracture in his one leg. Police after having received information with regard to aforesaid incident, reached at the spot and registered a criminal case against the miscreants i.e. petitioners herein. Since scuffle was brutal and life threatening, Disciplinary Committee constituted by the Vice Chancellor of the University in its meeting held on 21.11.2023, approved to expel the petitioners and decision with regard to expulsion came to be communicated to the petitioners vide communication dated 22.12.2023, issued under the signature of the Dean of Studies. Incident had allegedly happened on 20.11.2023 and petitioners herein were expelled on 21.11.2023. Since afore order of expulsion vide communication dated 22.11.2023, was passed without affording opportunity of hearing to the petitioners and their request to reconsider the decision communicated vide aforesaid communication, was rejected, they have approached this Court in the instant proceedings, praying therein to set aside the aforesaid order dated 22.11.2023 with further direction to the respondent-University to permit them to continue their studies in the University.

4. Pursuant to notices issued in the instant proceedings, respondent-University filed a detailed reply, wherein facts, as have been noticed herein above, have not been disputed, rather stand admitted. It is averred in the reply that scuffle was brutal and life threatening, which ultimately resulted in frightened atmosphere of the University and as such, Worthy Vice Chancellor immediately constituted a Disciplinary Committee, which having taken note of the situation and with a view to send clear cut message to the miscreants that indiscipline shall not be tolerated, decided to expel the persons involved in the incident. Respondents in their reply stated that one student namely Chandan was brutally given beatings, as a result thereof, he received life threatening grievous injuries. It has been admitted in the reply that at the time of passing of order dated 22.11.2023, no opportunity of hearing was given to the miscreants because of paucity of time. It is further averred in the reply that though initially vide communication dated 22.11.2023, twelve students in total were expelled, but, subsequently, after having enquired the matter in detail, expulsion of four students was revoked with a condition that in case such students are found to be involved in such kind of incident again, they shall be automatically rusticated/expelled without any further hearing.

5. Though vide order dated 22.11.2023, eight students including the petitioners stood expelled, but yet respondent-University with a view to provide opportunity of hearing, conducted fresh inquiry, wherein due opportunity of hearing was provided to the students. As per reply of the respondent-University, eight students filed their reply, but Disciplinary Committee being not satisfied with the reply, approved its earlier decision dated 22.11.2023, whereby petitioner