KAMLAKAR TRIPATHI Vs. VICECHANCELLOR BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) This is an application under Article 215 of the Constitution filed by the petitioner for initiating contempt proceedings against Sri Y. C. Simhadri. Vice Chancellor, Banaras Hindu University, Sri V. V. Menon, Controller of Examinations, Banaras Hindu University and Sri P. C. Upadhyaya, Registrar, Banaras Hindu University for wilful disobedience of the order dated 21.3.2001 passed by this Court in Civil Misc. Writ Petition No. 47177 of 1999. It is prayed that the aforesaid respondents be punished for contempt of court.

(2.) Notice on contempt application was served on Sri V. K. Upadhyaya learned counsel appearing for respondents on 26.3.2001. This application came up before this Court on 27.3.2001 and it was directed to be put up along with the records.

(3.) Petitioner appeared in LL.B. IInd year examination in 1997. After examination of LL.B. IInd year, the petitioner was expelled by order dated 5.2.1997 passed by Vice Chancellor of the university. The expulsion was for a period of two years. The order further stated that he was not allowed to appear in entrance test for admission to any course of the university. After the expulsion period of two years expired, the petitioner moved an application on 12.8.1999 that his result of LL.B. IInd year examination which was withheld due to expulsion be declared and he be permitted to complete LL.B. IInd year course provisionally. The respondents did not admit the petitioner to LL.B. IIIrd year course nor declared his result. The respondents issued show cause notice to the petitioner on 23.10.1999 to show cause why the petitioner be not expelled from the university for all times to come. No order has been passed by the university in pursuance to show cause notice. Since the expulsion period of two years was over, the respondents could not deny admission to the petitioner in LL.B. IIIrd year course and were bound to admit the petitioner in LL.B. IIIrd year course. The respondents were further under legal duty to declare the result of petitioner of LL.B. IInd year examination which was withheld due to expulsion as the respondents had riot cancelled the examination of petitioner of LL.B. IInd year.