M RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners herein are students of M. B. Patil Medical College, Bijapur. A complaint was lodged on 21-1-1997 in the A. P. M. C. Police Station, Bijapur, alleging that an incident of ragging took-place on 18-12-1996 in the said College. Accordingly, it is alleged that an FIR was lodged alleging that 4 persons were involved in the ragging incident, namely, 1) Prashant Desai, 2) Mayank Kumar, 3) Shakil Ahmed, and 4) Abdul Aziz. As per Annexure-D dated 31-1-1997, these 4 students and 11 others were suspended from the College. Thereafter proceedings were initiated to rusticate the students involved in the ragging incident from the College. It is alleged that a notice was served on the petitioners on 17-3-1997 calling upon them to appear before the Principal on 26-3-1997. Thereafter Annexure-H rustication order was passed on 27-3-1997 after hearing the petitioners; sixteen students are rusticated. The said order is impugned in these proceedings.

(2.) I have heard Mr. Vivek Reddy and Mr. M. R. Shylendra, learned counsel for the petitioners. The petitioners' counsel attempted to take me through the oral evidence tendered by the students who were allegedly ragged by the petitioners and others. I am afraid, this Court cannot in its writ jurisdiction reappreciate the evidence tendered by the students. That may be the function of the appellate jurisdiction and this Court is not exercising the appellate power. Besides, it is doubtful whether a writ will issue at all to quash the impugned order of rustication issued by the Principal of the College. Any way, this question need not be gone into at this stage for the following reasons.

(3.) IT is brought to my notice that the punishment has been imposed on the students by the Principal in exercise of the power under S. 62 (2) (b) of the Karnataka State Universities Act, 1976. Section 62 of the Act reads as follows :