RAM CHANDER ROY Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) Ram Chander Roy, who was a student of the Allahabad University, has filed this petition under Article 226 of -the Constitution, praying for the issue of a writ of 'certiorari' quashing the proceedings before the Enquiry Committee and their report and the order of the petitioner's rustication dated 30-3-1955, and, further, a writ of 'mandamus' against opposite parties Nos. 1 to 3, the University of Allahabad, the Chancellor of the University of Allahabad, and Shri A. C. Banerji, Vice-Chancellor of the University of Allahabad, directing them to treat the petitioner as a student of the Allahabad University and to allow him to appear in the examinations which were to take place soon after the date on which the petition was presented.

(2.) The petitioner was an ex-student of M.Com. (Final) and LL. B. (Previous) classes in the year 1954-55. The last convocation of the Allahabad University for the year 1954-55 was held on 3-3-1955, in the University compound at about 4 P.M. it was presided over by Shri K. M. Munshi, the Chancellor of the University, and the convocation address was delivered by Shri Sri Prakash Governor of Madras. The convocation was originally scheduled to take place in November, 19o4, but was postponed because the University Union had passed a resolution of boycotting the Chancellor when he attended the convocation. It is not necessary to mention the reasons why the University Union came to that decision. It is, however, alleged on behalf of the petitioner that, amongst the University students, two groups came into existence -- one group was against the Chancellor and wanted him to be boycotted whereas the other group was opposed to that policy. On 3-3-1955, according to the petitioner, when the Chancellor came to participate in the convocation, slogans were shouted to demonstrate against him which naturally annoyed the Chancellor and Vice-Chan-cellor of the University. The students, who had decided to boycott the Chancellor, were shouting slogans in the University Union building and, there they were attacked by the other differing group of students. Thereafter" the Vice-Chancellor, on 4-3-1955, appointed an Enquiry Committee consisting of himself and opposite parties Nos. 4 to 7 to enquire into this incident. The reference to the Enquiry Committee was limited to the demonstration staged, against the Chancellor and it did not include the alleged attack in the University Union building by one party of students on the other. After the appointment of the Committee, the petitioner received a notice dated 4-3-1955, asking him to appear at 5 P. M. on 7-3-1955, before the Enquiry Committee. The petitioner appeared and, according to him, he denied having taken part in the attempt to disturb the convocation at the con-vocation' 'pandal' or having shouted any slogans there. The Enquiry Committee thereafter recorded evidence of a number of witnesses and then notices were issued to some students who were permitted to cross-examine the witnesses. No such notice was sent to the petitioner and he was given no opportunity to cross-examine the witnesses. Thereafter, on 3-4-1955, the petitioner received an order dated 30-3-1955 from the Vice-Chancellor, intimating to him that he had been rusticated from the University of Allahabad for four years. It was in these circumstances that the petitioner moved this petition on various grounds mentioned in the petition. Shri S. C. Khare, learned counsel for the petitioner, arguing the petition before us, however, confined himself to only four points, which we shall deal with.

(3.) The first point urged by Shri Khare was that the statute, conferring powers on the Vice-Chancellor to award punishment for maintenance of discipline, was void and 'ultra vires' the Constitution as it violated the principles of Article 14 of the Constitution. Under the Allahabad University Act, 1921, Section 12, Sub-section (5), the Vice-Chancellor has been made responsible for the discipline of the University in accordance with the Act, the statutes and the ordinances. The relevant statute is given in Chap. XXII at page 204 of the Calendar of the Allahabad University for the year 1952-53 and is as follows: