WOSONGAM NINGSHEN Vs. REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the first respondent expelling the petitioner from the University.

(2.) Heard Mr.R.R.Kannan, learned counsel appearing for the petitioner and Mrs.S.Srimathy, learned counsel appearing for the respondents.

(3.) According to the petitioner, he is a permanent resident of Manipur State and he belongs to a Scheduled Tribe community. Earlier, he has joined B.B.A Course in the respondent Deemed University and completed the course in the year 2017. Thereafter, he joined MBA course in the respondent university in the first week of July 2017. He is academically brillant and he has scored high marks in the examination and for the past three years, there is no complaint against the petitioner and he is regularly attending the classes and having 80% attendance and staying in the hostel. On 14.09.2017, he was suffering from severe cough and fever and hence, he has taken tablets and cough syrup. At 10.00 p.m and R.Somathing, another student studying as days scholar in the same university visited to his room and he went along with him to send off him. At the entrance, the security personnel conducted breath analyzer test, and initially, the breath analyzer shown '0' in the meter and in the second attempt, it has shown as '0.04' in the metre and hence, the security personnel come to the conclusion that the petitioner has consumed alcohol. Thereafter, he was suspended from the hostel and a disciplinary committee was constituted and an enquiry was conducted by the disciplinary committee on 29.09.2017, where the enquiry committee advised him to admit his guilt, therefore, he has given a statement admitting that he has consumed liquor. Based on the enquiry report of the disciplinary committee, the first respondent has passed the impugned order expelling the petitioner from the university and also imposed a fine on his friend who accompanied him.