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2009 Supreme(All) 1277

[2009(5) ADJ 444]
ALLAHABAD HIGH COURT
BEFORE : TARUN AGARWALA, J.
SYED EHTESHAMUL HAQ ....Petitioner
Versus
ALIGARH MUSLIM UNIVERSITY, ALIGARH AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 2069 of 2008, decided on 9th April, 2009)

Advocates:
Counsel :
Divakar Rai Sharma for the Petitioner; Shashi Nandan, Smt. Sunita Agrawal, S.C. for the Respondents.

Headnote:(A) Aligarh Muslim University Act, 1920—Sections 35-A and 36-B—Aligarh Muslim University Students Conduct and Discipline Rules, 1985—Rule 4(i) to (vii)—Expulsion of student—Involved in the destruction of property of university and instigated other students to do such act—Disciplinary Committee expelled the petitioner from roll of University for three academic session from 2007-2008 onward and further debarring petitioner from seeking any admission in any class or course in the University in future—Executive Council also affirmed the order of expulsion—Since the petitioner has no criminal history and he is student of Post Graduate and whole life lies before him and students commit mistakes and when they assemble collectively and form an unlawful assembly, the ruckus caused, the havoc created, property destroyed is not by an act of an individual but has been caused collectively at the heat of the moment—Court finds that the petitoner not personally involved in the destruction of the property but was involved in the instigation of his collegues to ransack and destroy the property—Considering the facts and circumstances of the case, punishment awarded is harsh and some latitude of compassion should be provided by awarding a lessser punishment—Hence punishment awarded by disciplinary authority reduced to the expulsion of two academic session only. [Paras 28 and 29]

       (B) Educational Institution—Discipline among students—In the matter of campus discipline of educational institutions, the duty is primarily vested with the authorities in charge of the institution and the Court should not substitute its view or thrust its view upon the authorities. [Para 27]

       

JUDGMENT

Hon’ble Tarun Agarwala, J.—Students indulging in arson, defacing and destroying public property has become a fashion in modern times. Taking the law in their own hands has become a status symbol to the students and this mal practice adopted by the students at large needs to be curbed. Any kind of legislation, regulations framed from time to time becomes inadequate in comparison to the brutal lethal student force that is unleashed when things go wrong and violence erupts in the campus on account of an insignificant or a trivial incident. Whatever may be the reason, it does not give any right to the students to take the law into their own hands and destroy public property. Such acts needs to be condemned. A student who indulge in these activities needs to be punished. This is precisely what has happened in the present case in an incident which occurred in the campus of the Aligarh Muslim University in the night of 16.9.2007.

2. The petitioner, is a Post Graduate student in the Aligarh Muslim University, doing a course in Master of Social Work (MSW), was suspended and, after issuing a show cause notice and, providing an opportunity of hearing, was expelled for three academic sessions with a further rider that he would not be given any further admission in any other course in the University. The facts leading to the petitioner’s suspension and thereafter his expulsion, which led to the filing of the present writ petition is, that a student of the University was assassinated on the night of 16.9.2007. This news spread like wild fire and, agitated the students and an unlawful assembly of several hundred students gathered outside the JNMC Casualty Ward where the body was kept. It is alleged that the petitioner along with several other students barged into the chamber of the Chief Medical Officer where the Vice-Chancellor, Proctor and other authorities and officials of the University along with the police administration were present. A heated argument erupted between the students and the authorities of the University, which eventually transgressed the barriers of decency and discipline. The Vice-Chancellor and the other officials had to escape the wrath of the students. It is alleged that the petitioner along with other named students instigated the mob to vandalise and ransack the public property. The mob marched towards the Vice-Chancellor lodge and, whatever came in their way, was ransacked and destroyed. The Vice-Chancellor’s residence was not only ransacked but valuables, including the furniture, fittings, personal belongings of the Vice-Chancellor, etc. was destroyed and was put on fire. The Proctor’s Office and Provost Office was also ransacked and a similar treatment was also given at these places.

3. On the basis of this incident, a named F.I.R. against the petitioner and 16 other students was lodged. The petitioner along with other named students were suspended by an order dated 24.9.2007. This suspension order indicated the reasons/charges for their suspension. On 7.10.2007, a show cause notice was issued to the petitioner, to show cause, why disciplinary action should not be taken against him under the rules framed by the University. The petitioner submitted a reply dated 10.10.2007 totally denying his involvement in the incident. A notice dated 24.11.2007 was issued directing the petitioner to appear before the Disciplinary Committee. The petitioner alleges that he appeared before the committee and that the committee only asked one question to which he replied and that he had submitted two certificates of the Circle Officer of the Police Station where the F.I.R. was lodged, in which it was indicated that the petitioner was not involved in the destruction of the property of the University, and that, the petitioner, in fact, was helping in maintaining peace amongst the students. Inspite of these certificates being filed, the Disciplinary Committee submitted its recommendation on 9.12.2007 holding that the petitioner




















































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