P.C. : Hon’ble B.S. Verma, J.

1. In both the writ petitions, order dated 16.9.2006, issued by the respondent no. 2 has been challenged and the points to be determined in the writ petitions are common, therefore, both the writ petitions are being heard and decided together by this common order.

2. By means of these writ petitions the petitioners have prayed for issue a writ order or direction in the nature of certiorari for quashing the order dated 16.9.2006 issued by the respondent no. 2 whereby the petitioners Mr. Ishaan Tyagi, Mr. Mausam Sharma and Mr. Zubair-Bin-Hafeez student of B.M.L.T. 3rd Year, B.M.L.T. 3rd year and B.Sc. M.M. 3rd year respectively have been rusticated from the Institute for a period of three years with immediate effect. Against the said order Ishaan Tyagi filed former writ petition No. 1490 of 2006 while the other two petitioners have jointly filed the latter writ petition No. 1517 of 2006.

3. Relevant facts of the case giving rise to the present writ petitions are that the petitioners Ishaan Tyagi and Mausam Sarma were students of BMLT 3rd year course while Zubair Bin Hafeez was student of B.Sc. M.M. 3rd year of Sardar Bhagwan Singh Post Graduate Institute of Biomedical Sciences and Research, Balawala, Dehradun. A show cause notice was issued to all the three petitioners alleging therein that they were involved in a scuffle outside the institute premises on 9th September, 2006 with local residents. It was also alleged that the petitioners had earlier been awarded punishment for indiscipline and were kept under suspension. It was further alleged that the petitioners instigated other hostel inmates on 11.9.2006 thereby disturbed the academic activities of the students. It was also alleged that on 12.9.2006 they entered the institute premises and forcibly disrupted the classes and forced the students to assemble in the lawns and canteen and prevented the students from attending their classes. This show cause notice is dated 12.9.2006 and the petitioners were directed to show cause within 72 hours of receipt of this notice as to why disciplinary action should not be initiated against them, failing which it shall be presumed that they have nothing to submit and ex-parte decision shall be taken against them. However, a letter dated 13.9.2006 was sent to the father of Zubair Bin Hafeez, whereby he was asked to come to the institute along with his son on or before 17.9.2006. Show cause notice is Annexure No. 1 to the writ petitions. These notices were received by the petitioners on 14.9.2006. According to the petitioners, they went to the Institution with their written explanation but the respondent authorities refused to accept their explanation rather in arbitrary manner the impugned order dated 16.9.2006 was passed against the petitioners, though the stipulated period of 72 hours was to expire on 17.9.2006. The petitioners have alleged that the incident of quarrel came to an end by compromise between the parties on 11.9.2006. The incident of scuffle had taken place outside the premises of the college therefore, it had no concern with the students of the institution and the allegation levelled against the petitioners including disturbance to academic activities is baseless.

4. The respondent no. 1 and 2 filed counter affidavit. The respondents have contended that the writ petitions are not maintainable against the respondent no. 1 and 2 and that no relief has been sought against respondent no. 3. It has been stated that the respondents no. 1 and 2 are neither State nor instrumentality of the State nor other authorities within the meaning of Article 12 of the Constitution of India, hence writ petitions are not maintainable against private individual and bodies. It has also been contended that a Civil Suit No. 372 of 2006 Gaurav Bharti Shiksha Sansthan and another Vs. Ishaan Tyagi and others was filed by the respondent No. 1 for permanent injunction on 25.9.2006 and an interim order was passed agains