VISHNU GOPAL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Sri M. A. Qadeer, learned Senior Counsel assisted by Sri Ateeq Ahmad Khan, learned Counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.

(2.) THE petitioner was declared elected as President of the Union of D. B. S. College Students Union Election 2007-08, Kanpur. He was administered oath of office. THEreafter on 30. 8. 2007 the petitioner was called upon to submit his explanation within 3 days by respondent No. 2 to the objections mentioned as point Nos. 1, 2 and 3 in the notice which were similar to the objections as were re ceived at the time of finalization of the candidature of the petitioner. THE petitioner submitted his reply/explanation on 1. 9. 2007. THEreafter he was called upon by the Committee to give his explanation. As the matter had remained unactioned and no decision had been taken by the Committee on the explanation submitted by the petitioner pursuant to the aforesaid notice, the petitioner filed Writ Petition No. 44505 of 2007 which was disposed of vide judgment and order dated 3. 10. 2007 directing the authority concerned to take final decision in the matter.

(3.) SRI M. A. Qadeer, learned Senior Counsel appearing for the petitioner has placed reliance upon paragraph 6. 5. 7 of the judgment of the Apex Court in SLP {civil} No. 24295 of 2004, University of Kerala v. Council Principals Colleges Kerala and others, and has urged that the petitioner has not been given an opportunity of hearing and even copy of the order was not provided to him. The relevant para-graphs 6. 5. 7 and 6. 8 of the aforesaid judgment of the Apex Court in the University of Kerala (supra) is as under: "6. 5. 7. The candidate shall not have a previous criminal record, that is to say he should not have been tried and/or convicted of any criminal offence or misdemeanor. The candidate shall also not have been subjected to any dis-ciplinary action by the University authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .