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2024 Supreme(All) 2064

IN THE HIGH COURT OF ALLAHABAD
Syed Qamar Hasan Rizvi, J.
Raunak Mishra - Petitioner
Versus
Banaras Hindu University and others - Respondents
(Civil Misc. Writ Petition No. 16044 of 2024
Decided On : 01-08-2024

Advocates:
Advocate Appeared:
For the Petitioner: Atul Kumar Tiwari and Prakhar Saran Srivastava
For the Respondent: Hem Pratap Singh

The court emphasized that punitive actions against students must adhere to principles of natural justice, including the right to a fair hearing before any disciplinary action is taken.

Headnote:(A) Constitution of India - Article 226 - Writ of Certiorari - The petitioner challenged multiple orders debarring him from academic privileges due to alleged misconduct, asserting violation of natural justice principles. The court found the orders unsustainable as they were passed without a fair hearing and lacked legitimate foundation. (Paras 14, 16, 21)

(B) Natural Justice - The court emphasized the necessity of providing an effective opportunity for hearing before taking punitive actions against individuals, reaffirming that any decision affecting rights must adhere to natural justice principles. (Paras 17, 18, 19)

Facts of the case:
The petitioner was suspended for alleged misconduct, which was later revoked. Despite being exonerated from subsequent allegations, the university issued orders debarring him from future admissions and campus entry.

Findings of Court:
The court ruled that the university's actions were arbitrary and violated principles of natural justice, leading to the quashing of the impugned orders.

Issues: The main issues included the legality of the university's debarment orders and adherence to natural justice principles.

Ratio Decidendi: The court held that the university's failure to provide a fair hearing rendered the punitive actions unjustified and unsustainable.

Result: The impugned orders were set aside, and the petitioner was granted liberty to seek redress.

JUDGMENT :

Syed Qamar Hasan Rizvi, J.

Heard Sri Prakhar Saran Srivastava, learned counsel for the petitioner and Sri Ajit Kumar, learned Senior Advocate assisted by Sri Hem Pratap Singh, learned counsel for the respondent-University.

2. By means of the present writ petition, the petitioner has prayed for the following reliefs:

    ''(i) To issue a writ, order or direction in the nature of certiorari quashing impugned order dated 2.9.2023 passed by the respondent No. 3.

    (ii) To issue a writ, order or direction in the nature of certiorari quashing impugned order dated 20.11.2023 passed by the respondent No. 2.

    (iii) To issue a writ, order or direction in the nature of certiorari quashing impugned order dated 9.3.2024 passed by the respondent No. 3.

    (iv) To issue a writ, order or direction in the nature of certiorari quashing impugned order dated 16.3.2024 passed by the respondent No. 4.

    (v) To issue a writ, order or direction in the nature of mandamus commanding the respondents to restore all the academic privileges to the petitioner forthwith including permission to appear in the upcoming second semester examination.

    (vi) To issue a writ, order or direction in the nature of mandamus commanding the respondent University to conduct a special supplementary examination of the M.A. First Semester for the petitioner at the earliest.

    (vii) To issue any suitable writ, order or direction in additional to and in supplement to refer to above, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

    (viii) Award the cost of the writ petition to the petitioner.''

3. By means of the instant writ petition, the petitioner challenges a series of orders issued by the respondent authorities, specifically the order dated 2.9.2023 passed by respondent No. 3 and communication/letter dated 20.11.2023 issued by respondent No. 2, cancelling the petitioner's admission and debarring him from pursuing any course from the respondent-University in future; the order dated 9.3.2024 passed by respondent No. 3 against the petitioner in respect of an incident dated 17.2.2024 and the order dated 16.3.2024 passed by respondent No. 4, imposing ban for campus entry on the petitioner and any future association between the petitioner and the university.

4. The facts culled out from the pleadings are that the present controversy finds its origins in an order issued by the Registrar of the respondent university dated 8.10.2022, wherein the petitioner was suspended from the University for a period of six months, rendering him ineligible to appear in his scheduled semester examination due to his alleged involvement in fighting 'marpeet' with one student namely Mahendra Patel at Cyber Library. The petitioner, feeling aggrieved by this decision, challenged the order of suspension before this Court by way of writ petition bearing Writ-C No. 13741 of 2023.

5. This Court vide judgment and order dated 20.12.2023 passed in Writ-C No. 13741 of 2023, set aside the order dated 8.10.2022 passed by the Registrar, B.H.U. and the order dated 14.11.2022 passed by the Deputy Registrar (Academic), B.H.U. and permitted the petitioner to continue as a regular student. The operative portion of the aforesaid order is as under:

    ''VIII: Conclusions and Directions

    81. The impugned order dated 8.10.2022 passed by the Registrar, BHU and the order dated 14.11.2022 passed by the Deputy Registrar (Academic), BHU are liable to be set aside and are set aside.

    82. In wake of the aforesaid following directions are issued:

    I. The petitioner shall be permitted to continue as a regular student in the University.

    II. The University is commanded to devise a reform programme for students accused of misconduct in light of the judgments rendered by this Court in Anant Narayan (supra), Mohammad Ghayas (supra) and Piyush Yadav (supra) and the UGC guidelines dated 12.4.2023.

    III. The University shall incorporate the said reform programme in the first statutes of the BHU within 6 months (as per the underta

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