JAWAHAR LAL NEHRU UNIVERSITY Vs. FLORA GUPTA

JUDGEMENT

(1.) In this appeal, the Appellant University assails the impugned judgment dated 6.7.2012 passed by learned Single Judge in W.P. (C) 5725 of 2008 whereby he has set aside Inquiry Committee report dated 7.3.2008 as well as the Office Order no. 08/CP/2008 dated 5.8.2008. The Appellant University was furthermore directed to pay costs amounting to Rs. 30,000/- and admit the respondent to Ph.D course in the ensuing session.

(2.) The brief facts are that the respondent (hereafter "the writ petitioner"), appeared for the Ph.D entrance examination for the session of 2007-08, in the Appellant University (hereafter "JNU"). She had completed her M.Sc. in Biotechnology. The writ petitioner had sought quashing of an Inquiry Committee report dated 7.3.2008 and also of the office Order no. 08/CP/2008 dated 5.8.2008 whereby Vice Chancellor of JNU, under Statute 32 of the University ordered that the entire JNU campus to be "out of bounds" for her for five years and debarred her from taking admission in any program of study at the JNU, for the next five academic years. She had also prayed for directions to the JNU to admit her in the Ph.D programme after providing her the fresh character certificate for the term of 2003-05, during which she had completed her Master of Science in Biotechnology.

(3.) It had been alleged by the writ petitioner that that on 25th July, 2007 prior to formal declaration of the Ph.D entrance results, she was called by Ms. Aparna Dixit, Dean, School of Biotechnology, the second respondent, to her office. On reaching that office, she found that two other professors, namely, Mr. R. Bhatnagar and Mr. Uttam Pati were also present there. She alleged that the second respondent told her that she had secured the first rank among the candidates and had therefore, topped the merit list. To the petitioner's surprise, despite securing a very high position in the examination, she was pressurized not to get herself registered. She further disclosed that she was threatened by the second respondent to write a letter (addressed to her), incorporating a confession that she had used unfair means during the Ph.D. entrance examination and therefore, she would not pursue the Ph.D programme. The petitioner also alleged that she had been threatened that her career would be destroyed and that an inquiry would be set up and that consequently she would be blacklisted from pursuing any career throughout India. It was alleged that though she did not succumb to the pressures at that time, abuses and even physical force was brought to bear on her, resulting in her being confined to the room of the second respondent. The petitioner further alleged that she was threatened that if she did not write the confession, her image would be maligned by falsely publicizing that the petitioner was having illicit sexual relations with Professor Uttam Pati; that when she still refused to comply with these demands, she was locked into the room and was not even given water; she also noticed that others were present to help the second respondent, due to which she got scared and succumbed to the pressure, and thereafter wrote whatsoever was dictated to her by Ms. Aparna Dixit. Thereafter, whatsoever was dictated by Ms. Aparna Dixit, was written by the petitioner. Even that did not satisfy the second respondent and therefore, asked the petitioner re-write it and later directed Professor R.Bhatnagar to dictate certain statements and coerced the petitioner to write the same. The petitioner, on being asked to modify the statement, yet again, declined to do so, due to which reason she was even slapped by the second respondent. Left with no other choice the petitioner again wrote whatsoever was dictated to her. She retracted these so called confessions, in a letter written to Prof. Uttam Pati, the same day.