ANIL KUMAR BHARADWAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner seeks a writ/direction to set aside/quash the order dated 22.03.2012 (Annexure P/1) passed by the respondent No. 4 whereby the petitioner has been debarred from appearing in next two consecutive semester examinations with immediate effect. The petitioner further seeks a direction to the respondent authorities to allow the petitioner to appear for the final semester examination which was to be held from 16.04.2012 onwards.

(3.) The facts, in brief, relevant for adjudication of this petition, are that the petitioner was pursuing B.Tech course at the National Institute of Technology (for short 'the NIT') in the department of Biotechnology. The petitioner was admitted against the reserved seat of Scheduled Caste category. A complaint was made against the petitioner by the complainant namely Lata Sheo Bachan Upadhyay, Assistant Professor, Department of Biotechnology, on 09.11.2011 (Annexure P/3) for misbehaviour in the Biotechnology Staff Room which lead to a threat on the part of the petitioner to shoot her down. The Dean, Academics, NIT Raipur initiated action against the petitioner. Accordingly, a show cause notice was issued to the petitioner on 22.12.2011 (Annexure P/4) by the Dean, Students Welfare to file his response to the complaint made by the complainant stating therein that the written reply should reach his office on or before 29.04.2011. The petitioner also submitted his reply on 29.04.2011 (Annexure P/5) making counter allegations that the teachers of the Department are creating tension and making complaint against the petitioner with an ulterior motive as the petitioner belongs to Scheduled Caste category and they did not want him to clear the final year examination. It was also stated that the complainant told the petitioner that she would never be able to clear in the subject of the complainant, for which he expressed his regret and requested to close the enquiry. One more letter was sent on 03.02.2012 to the Dean, Students Welfare alleging that there is a discrimination and arbitrariness perpetrated on the petitioner.