LAWS(DLH)-2013-12-15

SHARAT SHEKHAR TOMAR Vs. JAMIA MILLIA ISLAMIA UNIVERSITY

Decided On December 03, 2013
Sharat Shekhar Tomar Appellant
V/S
JAMIA MILLIA ISLAMIA UNIVERSITY Respondents

JUDGEMENT

(1.) The petitioners before this Court were the students of the LLB Course of the respondent-Jamia Millia Islamia University when they came to be suspended on 5.12.2012 and campus ban was also imposed on them on the allegations of having committed rape. The aforesaid order came to be passed by the University under Statute 31 of its Statutes.

(2.) The petitioners were prosecuted for the offence alleged to have been committed by them but were acquitted by the court of Sessions vide order dated 29.7.2013. A perusal of the said judgement would show that the prosecutrix did not identify any of the accused persons during the course of trial. No other witness was produced by the prosecution to prove the alleged rape. It was in these circumstances that the court of Sessions acquitted all the accused facing trial in the said case.

(3.) The grievance of the petitioners is that despite their acquittal, the University has not reinstated them and as a result thereof they are unable to pursue their studies.