Judgement

R. L. NARASIMHAM, C. J. :- This is a petition under Art. 226 of the Constitution by an ex-student of the Khallikote College Berhampur, challenging the validity of an order passed by the Principal of that College, on the 25th March 1957, expelling the petitioner from that College. The order of expulsion was issued in the form of a notice which was put up on the notice-board of the College and reads as follows :

"The undersigned has come to know that Sri Ramesh Chandra Sahu of the First Year Class, Arts, has been misbehaving towards lady-students in and outside the college. It is most undesirable to have him as a student in the College. So, his name is removed from the rolls of the College from 25-3-57.

Students are severely warned that similar action will be taken against them if the undersigned is not satisfied with their character and conduct at any time.

Khallikote College. Sd/ Narasingho Padhi,

25th March, 1957. Principal."

2. The petitioner challenged the validity of the aforesaid order on two grounds :

(i) The order was made mala fide on account of a grudge entertained against the petitioner by the Principal of the College. It was alleged that the Principal and some other members of the College staff were canvassing in favour of certain candidate in the last general election, whereas some of the students canvassed in favour of other candidate who were not liked by the College Authorities. The principal suspected that the petitioner was one of those who canvassed against the persons for whom the Principal and other College authorities were canvassing.

(ii) In any case, the order was passed arbitrarily and capriciously, against all rules of natural justice and without giving the petitioner an opportunity of being heard.

3. The Principal has emphatically denied the suggestion that he or any other College authority canvassed for any candidate in the General Elections or else that he had any grudge against the petitioner. As regards the second point, he urged that the order of expulsion was passed by way of a disciplinary measure and as such, outside the jurisdiction of this Court under Art. 226.

4. The question as to whether the impugned order was passed mala fide or bona fide need not fee considered in this application because the application can be disposed of on the second question. I would leave this question open.

5. As to the facts leading to the expulsion of the petitioner from the College there are two conflicting versions. The petitioners version is that on Recount of a grudge entertained against him by the Principal and some members of the College staff he was assaulted by the Head-clerk of the College named Krushna Sahu, on the 31st March, 1957 and that a peon of the College snatched away his cycle. The petitioner complained against their conduct, to the Principal and also informed the Students Union about it. A meeting of the Students Union was convened on 25-3-57 and the petitioner also began to take steps for filing a criminal complaint against the said Krushna Sahu.

In the meantime, Krushna Sahu influenced the Principal who, on account of his own grudge against the petitioner for his election activities put up the aforesaid notice expelling the petitioner from the College. The allegation that he misbehaved towards lady-students was emphatically denied as false. It was further alleged that the Principal, on no occasion, informed the petitioner about these allegations and that he did not give him any opportunity to defend himself. When the petitioners father, on coming to know of the order of expulsion made an enquiry from the Principal on the 26th March, 1957 as to the reasons far such an order, the Principal merely forwarded to him a copy of the aforesaid notice.

6. On the other hand, the affidavit filed by the Principal of the College is to the following effects. He had received oral complaints from Sri Raghunath Misra Sastry Lecturer of the College, about the petitioners misbehaviour in class-rooms towards lady-