MOHAMMAD FURQAN Vs. VICE

JUDGEMENT

(1.) Mohammad Furkan, the petitioner was a student of LL.B. (Final) in the Aligarh Muslim University, Aligarh. In the year 1979-80, he was elected as the vice-president of the students union. On account of disturbances in the University, the Vice-Chancellor closed the University for two months from 31st Jan., 1981, to 2nd April, 1981. The University was again closed on 12th May, 1981. According to the petitioner, he was served with a notice dated 14th July, 1981, by the Vice-Chancellor on 15th July, 1981, stating that on the recommendations of the Disciplinary Committee the petitioner had been expelled with immediate effect for a period of one year. Challenging the aforesaid order of the Vice-Chancellor, the present writ petition had been filed, inter alia, on the grounds that the petitioner having not been afforded any opportunity to defend himself in the proceedings taken against him, the order expelling him was invalid. The second ground taken was that there was no evidence on record to establish the involvement of the petitioner in the incident on account of which he had been punished. The third ground was that the order of the Vice-Chancellor was bad having not given reasons for the same. The fourth ground taken ;by the petitioner was that the Vice-Chancellor had no power to inflict punishment of explusion.

(2.) The petition was presented before us on 23rd Oct., 1981, on which date we directed the counsel appearing for the University to file a counter-affidavit, which had been filed on 3rd Nov., 1981. The petitioner had also filed re-joinder to the same.

(3.) In the counter-affidavit, the allegation of the petitioner that he had been a brilliant student of the University has been strongly denied. The counter-affidavit annexes a chart of the academic performance of the petitioner which is mentioned in the LL.B. Classes, is as under :