AZAM MEER KHAN Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) The Aligarh Muslim University (in short 'the University'), which is one of the country's premier educational institution, had an unfortunate incident on 12.11.1995, 13.11.1995, 14.11.1995 and 15.11.1995 in which the office staff was manhandled by the students who misbehaved with the teachers and other staff of the University, broke glass panes, furnitures, beside office equipments such as typewriters, furniture etc. were damaged and an ambassador car attached to the Proctor office was burnt, which resulted in closure of the University for a considerable period. The University authorities faced with such situation, took disciplinary action against certain students who have been rusticated with all these things, the university authority also acted in haste, which has given rise to present petition, where a rusticated student has challenged the order with reference to the same incident on the principle of natural justice as he was not given adequate opportunity to defend himself. Before considering the case on merits one has to keep in mind that maintenance of discipline in the educational institution is exclusively under the purview of University authorities, but at the same time as such things happened, they have to act with much patience so that the action is not considered to be hasty. In the matter of discipline even if an action is taken against a student without giving any opportunity of hearing, this Court while refusing to quash the order has held that post-decisional hearing can be given to the student but hasty action on the part of the University can not be allowed.

(2.) The case in hand is such where the university authorities had reasonable time and they considered that before taking action against the petitioner he should be afforded opportunity of hearing. As despite the decision of University authorities to provide opportunity of hearing before passing the order and as according to petitioner he was not granted reasonable time to defend himself, he has filed present writ petition. The essential facts for resolving the present controversy are that the petitioner, who. is student of Bachlor of Unani Medicine and Surgery at the University was asked to show cause by letter dated 25.11.1995 by Proctor of the University. The show-cause notice reads as follows

(3.) The show cause notice was addressed to the petitioner on his home-address. It is admitted by Counsel for University that the students were asked to vacate hostels after the incident and notice to petitioner was sent. The notice was actually despatched on 27.11.1995. The petitioner was also asked telegraphically to send his explanation by 30.11.1995. A copy of the telegram, which is Annexure-2 to the writ petition, reads as follows: