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2010 Supreme(Del) 601

IN THE HIGH COURT OF DELHI AT NEW DELHI
HON’BLE MR. JUSTICE RAJIV SAHAI END LAW
AKSHAY CHAUDHARY & ANR. ..... Petitioners
Versus
UNIVERSITY OF DELHI & ANR. ..... Respondents
W.P.(C) No.1897/2010 & CM No.9422/2010
Decided on : 8th September, 2010.

Advocates Appeared:
Mr. Satyendra Kumar & Ms. Sunita Bhardwaj, Advocates
Mr. Mohinder J.S. Rupal, Advocate for R-1.

Headnote:Educational Law---Ragging---Expulsion from college and college hostel---Prayer for leniency in punishment---Punishment of expulsion from College and consequent debarring from admission to any other Institution is modified ---Petitioners would be watched over by University and College authorities --- Writ Petition allowed.. [Paras 26 to 28]

JUDGMENT

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 (on 4th 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 3rd August, 2009 against the petitioners. The respondent no.2 Kirori Mal College vide order dated 3rd 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 19th/20th 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 19th/20th 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 22nd December, 2009 was signed between the petitioners on the one hand and their victim on the other hand. Armed with 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 22nd 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 19th / 23rd 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 15th 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 application for interim relief to permit the petitioners to appear in the final year examination commencing from 30th March, 2010. This Court vide a detailed order dated 22nd March, 2010 dismissed the application of the petitioners for interim relief. The said order has attained finality. The result thereof is that the petitioners who in the normal course would have taken their final year examination in March/April, 2010 have not taken the said examination and have in any case lost one year. But the question herein is of not losing one year. The petitioners stand expelled from the College/University and as long as the said order remains, are unlikely to gain admission in any other College/University also. 8. The matter came up before this Court on 13th July, 2010 when attention of the counsel for the University was drawn to Clause 9 of the Regulations aforesaid and which is as under:-

“9. Administrat














































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