MUJEEB HUSSAIN GATTOO Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) The present petition has been filed with the following prayers:-

(2.) The facts as averred by the petitioner are, on February 11, 2016 a Proctorial Enquiry Committee was constituted to enquire into the incident that occurred near Sabarmati Dhaba, JNU on February 09, 2016. However, on the same day i.e February 11, 2016 the Proctorial Enquiry was immediately replaced by the High Level Enquiry Committee (HLEL for short) to enquire into the incident of February 09, 2016 without giving any reasons whatsoever for not conducting a proctorial enquiry as mandated by the Statute 32(5) of the University.

(3.) On February 18, 2016, he received first e mail from the Chief Proctor asking him to appear before the HLEC for some clarifications. It is stated, the petitioner received the same e mail on February 19, 2016 from his supervisor to which he replied he was out of campus because of health issues. It is his case on February 24, 2016 he again received e- mails from the Chief Proctor and Chairperson of the Department with some details. He replied on February 27, 2016 to both the e-mails from the Chief Proctor that he could not appear before the HLEC on those specific dates as he was having health issues and was out of city recuperating from an illness at home in Kashmir. On February 29, 2016 the Chief Proctor asked him by e- mail as, when he would be back to JNU; to which he replied that he had been advised complete bed rest for two weeks and would be back only on March 03, 2016. On March 09, 2016 he sent an e-mail to JNU informing them about his recovery. He asked for permission to deal with some prior academic commitments and assured them of presenting himself before the HLEC for clarifications on March 21, 2016, to which the JNU had not replied.