ABDUL MABOOD RAZA Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) The Petitioner was a student of Masters in Journalism and Mass Communication (MJMC) in the Aligarh Muslim University, having been admitted in the Academic Session 2005-06. In an incident dated 31st May, 2007 the Petitioner was subjected to a disciplinary action and has been ultimately punished by an expulsion order of the University dated 29.11.2007, which has been communicated to the Petitioner through an Office Memo, a copy where is Annexure-2 to the writ petition. The Petitioner was expelled from the rolls of the University for the two academic sessions of the year 2007-08 and 2008-09.

(2.) The Petitioner through this petition has come up for a mandamus commanding the Respondents to allow the Petitioner to continue his studies further and complete his Masters Course, which could not be done on account of the aforesaid expulsion order.

(3.) Smt. Sunita Agrawal for the Respondent - University submits that the Petitioner cannot raise any such plea in view of the order passed in Writ Petition No. 4494 of 2008 decided on 12.11.2008 and even otherwise in view of the provisions of Chapter XCV-B of the Ordinances of the University, the course cannot be allowed to extend beyond 10 semesters that is five years. She submits that the Petitioner was admitted in 2005 and therefore he could have made a request for continuance in the session 2009-10 only within a period of five years which was not done. The representation moved by the Petitioner on 19th October, 2010 for the first time, made a request for taking an appropriate action which was beyond the period of five years and therefore the relief prayed for cannot be granted. She has also placed before the court the judgment dated 12.11.2008 in writ petition No. 4494 of 2008.