MOKARRAM ALI Vs. ALIGARH MUSLIM UNIVERSITY AND ORS.

JUDGEMENT

(1.) PETITIONER has been pursuing Ph. D. Degree with Persian subject, and for the said purpose, he had been admitted to Aligarh Muslim University and had been staying in the hostel. An incident took place wherein a student was murdered. After the said murder of the student, viz., Majhar Naim had taken place, large scale violence erupted in the University. On account of the said murder violent incident took place at the residence of Vice Chancellor, wherein fire was also put; and on other part of the University also causing loss to the University. F.I.R. of the aforesaid incident was lodged. The Petitioner along with others was placed under suspension and thereafter show cause notice was issued to the Petitioner as to why disciplinary proceedings be not undertaken against him. To the said show cause notice reply was submitted by the Petitioner on 19.10.2007, Petitioner faced disciplinary committee, and thereafter order of debarment was passed. The Petitioner preferred appeal on 11.02.2008, and while the said appeal had been pending, the Petitioner had rushed to this Court, and in between the appeal in question has been decided by the Executive Council. Thereafter, by means of Amendment Application, the order passed by the appellate forum has also been challenged. Petitioner's submission is that action taken against him is arbitrary, unreasonable and not at all supported by any material available on record, and same is in utter contravention and violation of natural justice.

(2.) COUNTER and rejoinder affidavits have been exchanged, and thereafter present writ petition has been taken up for final hearing and disposal with the consent of the parties.

(3.) COUNTERING the said submissions, Smt. Sunita Agrawal, learned Counsel representing the Aligarh Muslim University, on the other hand, contended that there had been material against the Petitioner and the said factual situation was even admitted by the Petitioner himself; in such a situation and in this background in the matter of internal discipline where such an incident had taken place, this Court should refuse to interfere. Coupled with this, it has also been stated that under the provisions of Aligarh Muslim University Act and the Statutes framed there under, the Vice Chancellor is duty bound to preside over the meeting wherein collective decision was to be taken and on the principles of doctrine of necessity, the plea of bias cannot be inferred. The Petitioner has miserably failed to substantiate that the material on which decision has been taken against him was insufficient, as such No. interference be made.