DALICHA SUKETU R Vs. CHAIRMAN

JUDGEMENT

(1.) Rule. Mr. H.S. Munshaw, learned Counsel waives service of notice of Rule on behalf of the Respondents. On the facts and in the circumstances of the case, and with the consent of the learned Counsel for the respective parties, the petition is being heard and finally decided, today.

(2.) This petition under Article 226 of the Constitution of India has been preferred against order dated 20.12.2010 passed by Respondent No. 3, whereby the Petitioner, who is a student of the 3rd year of General Nursing & Midwifery (Diploma) Course in V.S. General Nursing School, Ahmedabad has been permanently rusticated. Aggrieved thereby, the Petitioner has approached this Court by filing the present petition.

(3.) Briefly stated, the case of the Petitioner is that the order dated 20.12.2010, rusticating the Petitioner permanently, has been issued without affording the Petitioner an opportunity of hearing and without supplying copies of the complaints and other documents that have been taken into consideration while passing the said order. In the affidavit-in-reply filed on behalf of Respondent No. 3, Principal of V.S. General Nursing School, a stand has been taken that several warnings have been issued to the Petitioner in the past, for certain deeds of misbehavior committed by him from time to time, and his parents have also been informed of the same. However, the said affidavit-in-reply is silent as to whether any opportunity of hearing has been given to the Petitioner before passing the final order of rustication, and whether copies of the complaints/documents mentioned in the said order have been provided to the Petitioner.