(1.) Challenge in the present petition is to the order dated 07.01.2011 (Annexure P-1) passed by Vice Chancellor, Gum Ghasidas University, Bilaspur rusticating the petitioner for a period of five years from University and its affiliated colleges. Facts of the case in brief are that at the relevant time the petitioner was a student of 4th semester of B.E., Computer Science and Engineering in an institute run by the University in its campus. On 02.02.2010 when Prof. C.P. Dhurri was taking the class of 4th semester of B.E., Computer Science and Engineering, the petitioner reached in the class late and asked him to record his attendance. The petitioner also requested Prof. Dhurri for recording his attendance of previous dates as well but his request was turned down by him saying that the petitioner was in the habit of not attending the classes and making such requests time and again. After the class also the petitioner persuaded Prof. Dhurri for giving him the attendance for the classes which he did not attend. The petitioner also threatened Prof. Dhurri saying that he would be implicated in a false case. When all this conversation was going on between the petitioner and Prof. Dhurri, another Assistant Professor of the Department namely Shri Rajesh Mahule also reached there and asked the petitioner to behave in a decent and disciplined manner and not to use abusive and offensive language with Prof. Dhurri but instead of correcting himself, the petitioner misbehaved with Shri Mahule also using filthy language.
(2.) After this incident when Shri Mahule was sitting in the staff room, at 12.15 P.M. the petitioner went there, started abusing and misbehaving with him. He also physically assaulted him with a chair inflicting injury on his forehead and tried to strangulate him but due to intervention of other teaching staff members he could be saved from the clutches of the petitioner. Even while leaving the staff room the petitioner continued abusing and threatening Shri Mahule of life and dire consequences. Thereafter a complaint was made by Shri Mahule against the petitioner to the Director of Information and Technology Department and to the Police of Police Station Koni, Bilsapur, as well for which crime No. 94/2010 was registered for the offences under Sections 294, 506-B, 323 and 186 IPC.
(3.) Further facts of the case unfolded are that an emergent meeting of Proctorial Board was held on 02.02.2010 at 5.00 P.M. in the institute of Information and Technology and the entire matter was discussed by the Proctorial Board consisting of six members. After considering the facts and circumstances of the case and the complete sequence of incident the Proctorial Board prima facie found the petitioner to be guilty of misbehaving with the Professors and also assaulting Shri Mahule. Proctorial Board also came to the conclusion that the act of indiscipline on the part of the petitioner comes within the purview of violation of students' code of conduct and amounts to creating a hindrance in the discharge of official duties. Proctorial Board also recommended the expulsion of the petitioner from the University.