MOBASHASHIR SARWAR Vs. JAMIA MILLIA ISLAMIA

JUDGEMENT

(1.) The petitioner, a student of XI standard in the respondent No.4/School had filed the present petition through his local guardian, Mr.M.Munawwer Hussain on 18.3.2011, praying inter alia for issuance of a writ of certiorari to quash the expulsion order dated 20.12.2010 issued by respondent No.3/Director and respondent No.4/Principal, Jamia Senior Secondary School, expelling him from the school and banning his entry in the school campus. The second prayer made in the writ petition is for issuance of a writ of mandamus directing the respondents to allow the petitioner to stay in the hostel and to attend his classes in XI standard and permit him to sit for the examinations conducted by respondent No.4/School through the scheme of Compartment/Re-examination 2011.

(2.) It may be noted at the outset that the second relief sought by the petitioner hereinabove no longer survives for the reason that during the pendency of the present petition, by virtue of an interim order dated 4.4.2011, the petitioner had been permitted to take the supplementary examinations for standard XI, without prejudice to the rights and contentions of both the parties and without creating any equities in his favour. The result of the petitioner was directed not to be declared and it was made subject to further orders in the present petition. Later on, vide order dated 11.8.2011, his results were announced and he was declared as having passed the XI standard examinations. Prior thereto, vide order dated 19.5.2011, the petitioner had been permitted to attend the classes in XII standard. In September 2011, the petitioner had approached the Court for permission to deposit the fee for sitting in the examinations in XII standard which was allowed vide order dated 30.9.2011 and it was directed that his examination form for sitting in the examinations in XII standard would be forwarded by the respondent No.4/School to the Controller of Examinations, Jamia Millia Islamia.

(3.) During the pendency of the present petition, various applications have been filed by both sides. An attempt was also made to enable the parties to arrive at a rapprochement but the same was not successful as both sides were firm on their respective stands. On 9.2.2012, the present case was directed to be listed for arguments on 13.3.2012. In the meantime, the petitioner filed yet another application for directions to the respondents to issue him an admit card for sitting for his annual examinations for XII standard, which are to commence on 2.3.2012. The aforesaid application was listed on 27.2.2012. Due to the urgency expressed by learned counsel for the petitioner, learned counsel for the respondents was directed to file a reply to the application within one day and the matter was adjourned for 28.2.2012.