TAUHEED MOHAMMAD Vs. JAMIA MILLIA ISLAMIA

JUDGEMENT

(1.) THE petitioner before this Court is a student of the respondent - Jamia Millia Islamia University. The University received complaints that certain posters had been affixed in its campus and certain hand bills were distributed by some students, which sought to create a wedge and rift amongst various religious sections of the student community. Considering such acts to be irresponsible acts, having a deleterious impact of disharmony amongst the various religious groups on the campus, and also noticing that the consequences of such actions could be disastrously fateful, besides being bound to disturb the stability of the campus, the Chief Proctor of the University, based upon the inquiry made by Provost and his team, issued notice to the petitioner and two other students, calling upon them to explain why they should not be punished for affixing the above -referred posters/distributing the above - referred hand bills. The petitioner and other erring students were also suspended during the pendency of the disciplinary proceedings against them. Earlier another show cause notice dated 5.5.2013 was issued to the petitioner stating therein that he had organized a programme on 4.5.2013 involving outsiders, without informing the Provost/Warden and taking permission from him and had pasted several posters on the hostel doors/walls, for the said programme and requiring him to explain the said behaviour.

(2.) A supplementary notice dated 7.11.2013 was then issued by the University to the petitioner stating therein that he along with other suspended students had invited one Mr. Sheikh Mohammad Rahmani Madani, an outsider, to deliver a religious discourse in the campus without due authorisation/permission, in the TT room of the hostel and the said Speaker raised controversial and disturbing issues in the discourse, prejudicial to tranquility in the Campus and deeply hurt the religious sentiments of the inmates of the hostel. Vide call letter dated 13.11.2013 the petitioner was asked to appear before the Discipline Committee of the University for the purpose of explaining his conduct.

(3.) VIDE impugned order dated 28.11.2013, the petitioner was informed that in the meeting of the Discipline Committee the Provost had identified him and three other students to be involved in distribution and plastering of the objectionable material and inviting an outsider to deliver a controversial lecture which had hurt the religious feelings of others. The petitioner was, therefore, expelled from the University for a period of two (2) years. Passing the expulsion order the University inter alia observed as under: