M DINESH BHAT Vs. MAHAVEERA COLLEGE

JUDGEMENT

(1.) this is a writ petition of a student who has completed his ii year b.sc. Course in Sri mahaveera college, moodabidri. What is not found in the writ petition has been relevantly highlighted in the statement of objections filed by the learned counsel appearing for respondent-college. Anncxurc-3 to the statement of objections of the respondent makes interesting though shocking in reading. This Annexure relates to the report of the enquiry officer into the allegations made against the petitioner. It is seen from this Annexure which is not produced by the petitioner that an enquiry was conducted in seven sittings with the presenting officer producing eight witnesses to substantiate the various allegations made against the petitioner. The petitioner was not far behind. He was resourceful enough to produce six witnesses in his defence apart from giving his own personal statement. The last sitting was on 6.2.1988. The charges levelled against the petitioner are as follows:- 1) forging the signature of the parent in the cumulative record for the year 1988-89; 2) presenting a stranger before the principal of the college and making the principal to believe that stranger is Sri dincsh bhat's father; 3) indecent behaviour with a girl in front of the college compound-pulling her in front of Sri merwade l.d., reader and head of the department of chemistry, Sri mahaveera college, moodabidri; 4) misguiding Sri jaya moily, attender, Sri mahaveera college, moodabidri in his official errand and inducing him to deliver an official letter addressed to Sri dinesh bhat's father to a wrong person.

(2.) annexure-4 relates to the proceedings ofthe principal, Sri mahaveera college, moodabidri, dated 7.2.1989 in regard to the enquiry report submitted by Dr. H. Shantaram. The enquiry officer went into the allegations made against the student Sri dincsh bhat (the petitioner herein) and the decision on the report submitted by the enquiry officer. It would be contextually necessary to reproduce the decision on the report submitted by the enquiry officer: "the findings of the enquiry committee have been accepted by the undersigned. In view of grave nature of the charges, the undersigned feels that continuance of Sri dinesh bhat as a student of this college is not desirable. However, in view of the academic year coming to an end shortly, it has been decided to view his case leniently on compassionate ground and allow him to appear for the annual examination of ii b.sc., to be held in the month of march/ April 1989. However, as his presence in the college is not desirable, in the interest of the college, he will not be permitted to attend the classes from 8.2.1989 and also he will not be admitted to this institution during 1989-90 or during subsequent years. He will be granted attendance to all the classes lost by him during his suspension period." (attested by Sri u. Vasantha rao, principal, Sri mahavcera college, moodabidri)." the petitioner was communicated with the report of the enquiry made by the principal on 7.2.1989 and 8.2.1989 respectively. The petitioner approached this court on 10-7-1989.

(3.) the petitioner has sought for a mandamusto the respondent -college to admit him for study of 111 year b.sc. Course in the respondent-college.