K HARIHARAN Vs. VICE CHANCELLOR BHARATIDASAN UNIVERSITY TRICHY

JUDGEMENT

(1.) THE writ petitions have been filed under Article 226 of the Constitution of India praying for the issuance of Writs of Certiorarified Mandamus to call for the records relating to the communication No.NAKA/1001/U/98, dated 4.2.1999, No.NAKA/1001/U/98 dated 16.3.1999 and No.NAKA/1001/U/98 dated 23.3.1999 issued by the third respondent and to quash the same and to direct the respondents to permit the petitioners to pay the examination fees and to appear for the examination to be held during April-May 1999.)Common Order:Heard Mr.U.Karunakaran, the learned counsel appearing for the petitioners and Mr.V.Govardhanan, the learned counsel appearing for the first and second respondents and Mr.V.Manoharan, the learned Government Advocate appearing for the third respondent.

(2.) IT is stated by the petitioners that they had joined the Bachelor of Arts Degree Course in Economics in the third respondent College during the academic year 1996-97. The petitioners were due to write the final Semester Examinations, in the third year of their degree course, during the months of April-May 1999. On 04.02.1999, elections were being conducted in the Department of Economics to elect the office bearers. The petitioners and some others had requested the head of the department not to conduct the department elections at the fag end of the year. During the elections, disputes had arisen amongst the supporters of the various candidates resulting in creation of serious animosity. As a consequence, a criminal complaint had been registered before the Sub-Inspector of Musiri Police Station.

(3.) IT is stated by the petitioners that by a non-speaking summary order, the petitioners were asked to show cause, on or before 23.03.1999, as to why they should not be expelled from the College. Following the communication, dated 16.3.1999, the petitioners had met the members of the Enquiry Committee and requested them to revoke the suspension order and to permit the petitioners to write the ensuing examinations. Since the members of the Enquiry Committee had assured that if the petitioners gave a signed letter, regretting for the incident and also undertaking that they would not involve themselves in any such incident in future, the petitioners would be permitted to write the final examinations and the suspension order passed against them would be revoked.