V EZHIL VENDAN Vs. PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) WRIT Petition is filed praying to issue a WRIT of Certiorarified Mandamus, calling for the records pertaining to the impugned order No.PU/Estt/NT8/2006-07/428 dated 22.2.2007 passed by the second respondent and quash the same as illegal, void and without jurisdiction and direct the respondents 1 and 2 to publish the result of the petitioner of the second semester examinations held in April 2006 in PG Diploma Yoga Studies Course and issue Certificates to the petitioner.

(2.) PETITIONER after completion of B.Sc. Zoology degree course in Tagore Arts College, Pondicherry in the year 2002, joined the one year Post Graduate Diploma in Yoga Studies conducted by the Pondicherry University in the year 2005. PETITIONER completed the First Semester. The Second Semester commenced in January, 2006.

(3.) CONSEQUENT to the Committee's report, on 17.4.2006, the petitioner was suspended. He was, however, permitted to write the exam based on his request letter dated 19.4.2006, subject, however, to result of the disciplinary action contemplated against him. On 23.11.2006, show cause notice was issued to the petitioner calling upon the petitioner to submit his explanation within ten days. On 4.12.2006, petitioner submitted his explanation denying the charges, and also stated to the authorities that many of the students have expressed that they have not given the complaint and the entire allegation is false. The said explanation of the petitioner was considered by the Sexual Harassment Committee in detail. The explanation was not found to be satisfactory in view of the overwhelming evidence and statement of girl students. The Committee was of the view that the petitioner was guilty of the offence alleged and recommended suitable punishment in its report dated 28.12.2006.