KM SIDDH VIDYA Vs. BANARAS HINDU UNIVERSITY VARANASI

JUDGEMENT

(1.) The petitioner a student of M.A. Final. Sociology in Banaras Hindu University, Varanasi, residing in Jyoti Kunj Hostel and a first class student throughout has challenged the order dated 7.1.2000 passed by the Vice-Chancellor expelling her from the hostel and debarring her from appearing in the examination for the acts of indiscipline and misconduct. The relevant extract from the order dated 7.1.2000 is quoted below :

(2.) It is undisputed that some exchange of hot words followed by physical assault took place on 9.12.1999 between two inmates of room No. 67 and 69 of Jyoti Kunj Hostel. A complaint was made against petitioner to the Vice-Chancellor by Inmate of room No. 69 on 9.12.1999. Another complaint was made by petitioner on 10.10.1999. On 12.12.1999 both the students sent a joint letter to the Vice-chancellor that they were patching up their differences, that they were sorry for the inconvenience and may be forgiven. But the Registrar of the University on 16.12.1999 Issued a show cause notice to the petitioner to which the petitioner replied on 17.12.1999 that due to emotional outburst, a minor Incident took place on 9.12.1999 for which she was sorry and both have now compromised. On 18.12.1999, the complainant sent a letter to the Vice-Chancellor that the allegation in the show cause notice that the petitioner, "bolted the door from Inside" was not correct as she had mentioned that she closed the door and stood against It. She further pointed out that the allegation in the show cause notice that the petitioner, "seriously assaulted" her in room was not correct, as she had mentioned that she was physically assaulted. She requested that the matter may be resolved. Many inmates of the hostel also represented that no proceedings be taken against the petitioner. In the counter-affidavit, reference has been made to a letter sent by some inmates of the hostel referring to the incident and requesting to ensure peace in the hostel to enable the students to carry on their studies. Two reports dated 11.12.1999 by the Sanrakshika and by the Warden of the hostel have also been filed. It is mentioned that on coming to know of the Incident, they went to the hostel and were Informed that the complainant was assaulted. In the report of the warden it is mentioned that she found the complainant terrified and she was trembling. Apart from this copy of the order dated 4.2.2000 passed by the Vice-Chancellor rejecting representation of the petitioner that she may be permitted to appear in the M.A. Final examination has also been filed. The relevant part of the order of Vice-Chancellor dated 4.2.2000 is extracted below :

(3.) And now she is writing on her own without being asked by the University a letter dated 13.1.2000 to the following effect :