YASHPAL SINGH NAGAR Vs. JAMIA MILIA ISLAMIA

JUDGEMENT

(1.) THE petitioner before this court is a fourth year student in the BDS Course of the respondent ­ Jamia Millia Islamia and was scheduled to appear in the final year theory examination of BDS Course from 1.6.2013 to 15.6.2013 and practical examination from 17.6.2013 and 25.6.2013. On 28.5.2013, two students namely Elham Jaidi and Israr Ali were found sitting boys Common Room and filling up some forms. A number of admission forms, loose photographs of students aspiring for admission to BDS course in Jamia Millia Islamia, ink pad etc. were found with them. Alleging that those students had admitted that with the forms were being filled on the direction of the petitioner and he had received illegal gratification from the students seeking admission to BDS Course for helping them in adopting unfair means in the entrance examination for the said course, the respondent- university issued the following show cause notice to him:

(2.) THE petitioner claims to have submitted a reply to the show cause notice claiming innocence. Similar show cause notices were issued to four other students namely Rakesh Kumar, Mukesh Kumar, Ilham Zaidi and Israr Ali. Vide office order dated 13.6.2013, based on the recommendations of the Disciplinary Committee, the Vice-Chancellor of the university, expelled the five students including the petitioner from the university for a period of one year each. The said order to the extent it is relevant reads as under:

(3.) THE main contention of the learned counsel for the petitioner is that the (i) principles of natural justice were not followed (ii) the order passed by the Vice- Chancellor is vague and (iii) no admission of guilt was made by the petitioner.