W.P.(C) No.1897/2010

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 8^th September, 2010.

+

W.P.(C) No.1897/2010 & CM No.9422/2010

%

AKSHAY CHAUDHARY & ANR.

..... Petitioners

Through:

Mr. Satyendra Kumar & Ms. Sunita

Bhardwaj, Advocates

Versus

UNIVERSITY OF DELHI & ANR.

..... Respondents

Through: Mr. Mohinder J.S. Rupal, Advocate

for R-1.

CORAM :-

HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

1.

Whether reporters of Local papers may

be allowed to see the judgment?

Yes

2.

To be referred to the reporter or not?

Yes

3.

Whether the judgment should be reported

Yes

in the Digest?

RAJIV SAHAI ENDLAW, J.

1. The two petitioners by this writ petition impugn the order of the

respondent no.1 University of Delhi expelling the petitioners from the

respondent no.2 Kirori Mal College of which they were final year students in

the academic session 2009-2010. The complaint against the two petitioners,

who had then been recently promoted to the final year, was of ragging a

fresher admitted in the first year in academic session 2009-2010. The

petitioners were proceeded against in terms of the then freshly promulgated

2010:DHC:4406

W.P.(C) No.1897/2010

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(on 4^th July, 2009) University Grants Commission Regulations on curbing

the menace of Ragging in Higher Educational Institutions, 2009. On the

complaint of the victim, of ragging by the petitioners, a First Information

Report (FIR) was also lodged by the Police Authorities on 3^rd August, 2009

against the petitioners. The respondent no.2 Kirori Mal College vide order

dated 3^rd August, 2009 expelled the petitioners from the College as well as

the College Hostel with immediate effect.

2. The petitioners apologized to the respondent no.2 Kirori Mal College

and assured the College of good behavior in future. The College vide its

order dated 19^th/20^th November, 2009 allowed the petitioners to attend

classes and to sit in the College Midterm Examination as well as University

Examination, subject to the approval of the Vice-Chancellor of the

University.

3. The Vice-Chancellor however rejected the application of the College

for approval and as such vide order dated 25th November, 2009, the College

revoked the earlier order dated 19^th/20^th November, 2009.

4. The petitioners being the perpetrators of the crime of ragging reached

a settlement with their victim on whose complaint the FIR had been lodged.

A compromise deed dated 22^nd December, 2009 was signed between the

petitioners on the one hand and their victim on the other hand. Armed with

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W.P.(C) No.1897/2010

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the said compromise deed a writ petition under Section 482 of the Code of

Criminal Procedure, 1973 being Criminal Misc. Case No.7/2010 was filed in

this Court for quashing of the FIR. This Court in the order dated 22^nd

January, 2010 though noticed that one of the offences with which petitioners

had been charged was not compoundable, finding that the antecedents of the

petitioners otherwise were clean and on the assurance of the petitioners that

in future there will be no complaint whatsoever against them and being of

the view that the pendency of the FIR would mar the career of the

petitioners, quashed the FIR and the proceedings emanating therefrom.

5. After the quashing of the FIR, the petitioners again represented to the

respondent no.2 College and the College vide order dated 19^th / 23^rd

February, 2010 again withdrew the expulsion order against the petitioners

subject to the approval of the Vice-Chancellor of the University.

6. The Vice-Chancellor again rejected the application of the College and

vide order dated 15^th March, 2010, the College maintained the order of

expulsion of the petitioners from the College and the Hostel.

7. It was then that the present writ petition was filed along with an

applicatio