( 1 ) THIS is a petition under Article 226 of Constitution.

( 2 ) THE facts giving rise to this petition briefly are that the petitioner had been a student of LL. B. (Previous) of the Allahabad University. On 11-11-1955 he received a letter of the vice-Chancellor of the said University, signed by the Assistant Registrar of the University, expelling him from the University with immediate effect for gross misconduct. It is alleged by the petitioner that he made several efforts to approch the Vice-Chancellor and the Assistant registrar to ascertain the nature of the gross misconduct for which he had been expelled but he was not informed of the same. A written representation was then, according to the petitioner, submitted by him to the vice-Chancellor and several reminders were subsequently made by him but he received no reply to the said representation. The order expelling the petitioner had been communicated to various universities and the Public Service Commission with the result that the doors of educational institutions have been closed for ever for the petitioner. The petitioner has further alleged that the order has been passed by the Vice-Chancellor due to personal prejudice and disliking for him. On these facts, the petitioner has, therefore, prayed for a writ of certiorari to quash the order of the Vice-Chancellor dated 11-11-1955.

( 3 ) IN this petition, the University of Allahabad, the Vice-Chancellor of the Allahabad University, mr. B. N. Jha, Vice-Chancellor, in his personal capacity and Dr. I. D. Caleb, Assistant Registrar of the University of Allahabad have been impleaded as opposite parties. Notices were served on them and a counter-affidavit has been filed by the assistant Registrar, opposite party No. 4.

( 4 ) IN the counter-affidavit it is alleged that in the year 1955 it was noticed that the petitioner had joined certain students who had been rusticated on account of their activities which were considered subversive to the discipline of the University during the disturbances in September, 1955, when one of them had started hunger strike. The petitioner is alleged to have been found delivering speeches against the University authorities and inciting other students by shouting indecent slogans in these speeches. The activities of the petitioner during that period made him liable for strong disciplinary action but the Vice-Chancellor sent a letter to Sri Brijraj Kishore, father of the petitioner, on 17-10-1955 in which he asked him to convey to the petitioner a strong warning so that when he came back in November to the University, he should show better behaviour in keeping good discipline in the University. It is further stated in the counter-affidavit that on 10-11-1955, the petitioner made a speech, in the presence of Sri D. D. Khanna, Sri T. D. Tiwari, and Sri B. M. Singh, Junior Proctors, in the course of which he made certain remarks and accusations against the Chancellor and the vice-Chancellor. Some of these remarks which the petitioner is alleged to have made during the course of his speech, are quoted in para. 6 of the counter-affidavit. A report was submitted by the proctors to the Vice-Chancellor in which the remarks made by the petitioner in his speech and the undignified language used by him were brought to the notice or the Vice-Chancellor and on the report of the prosecutors the Vice-Chancellor passed an order on 11-11-1955 as follows: "previous warning has had no effect. Disciplinary action is taken against him therefore and he is hereby expelled from the University and not to be re-admitted. " after this order, the Assistant Registrar issued a notice notifying that the petitioner had been expelled from the University with immediate effect for gross misconduct and was not to be re-admitted in the University. It is denied in the counter-affidavit that the petitioner approached the Assistant Registrar after he had received notice of expulsion and he had asked him to see the vice-Chanc