ASHRAF KAMAL Vs. JAMIA MILLIA ISLAMIA

JUDGEMENT

(1.) The Petitioner has approached this Court by invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India to seek quashing of the notice dated 12.10.2010 and the note dated 12.10.2010 issued by the Respondent No. 3 whereby a complete ban was imposed on the Petitioner. The Petitioner has also sought directions to direct the Respondents to forthwith forward his candidature for registration in Ph.D. Programme for Dalit and Minorities Studies.

(2.) Facts shorn of unnecessary details are that the Petitioner is a student of the Respondent No. 1 university since class IX and finished his Masters degree in 2008 after which he applied for Ph.D programme sponsored by Dr. K.R Narayanan Centre for Dalit and Minorities Studies on the topic "Political Empowerment of Muslims-A comparative study of two select Districts in Uttar Pradesh and Bihar". The Petitioner was called for the interview for the said course and was recommended by the Board of Studies for the Ph.d but his admission has been kept in abeyance till date. On making various inquires and filing RTI application, it came to the knowledge of the Petitioner that the application of the Petitioner has been kept pending by Respondent No. 3 due to a case of indiscipline against the Petitioner in 2005, of which a warning letter was issued to him on 19.7.2005. Further on a note dated 12.10.10 was issued by Respondent No. 3 whereby it was stated that the Petitioner had involved himself in acts of indiscipline on the University Campus on 18.7.2005 and 18.7.2006 and recently he has been seen in the campus parking his black colour car inside the campus at no parking area and it is feared that the presence of the Petitioner in the campus may cause law and order problem and thus a campus ban was imposed upon him vide notice dated 12.10.10. The Petitioner has been aggrieved by the said action of the Respondent No. 3 and has thus approached this Court for relief.

(3.) On the last date of hearing, the Respondent was directed to produce the relevant record whereby the decision taken by the Competent Authority of the Respondent University to ban the entry of the Petitioner in the campus of the Respondent University.