LALITA JHARIA Vs. STATE OF M P

JUDGEMENT

(1.) THE Order of the Court was delivered by Dipak Misra, J. :-in this intra- court appeal preferred under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam 2005, the legal acceptability and sustain ability of the order dated 19. 12. 2008 passed by the learned single Judge in W. P. No. 11406 of 2008 is called in question.

(2.) THE facts which are imperative to be. stated are that the appellants are prosecuting their studies in Management and BHMSW courses respectively. They were residing in the Scheduled Tribe Girls Hostel, Wright Town, Jabalpur since 2005. They had a clean record and in fact. were intolerant of some activities going on in the hostel which compelled them to submit a complaint to the authorities on which no action was taken. After expiry of one month, the second respondent, the Additional Commissioner, Tribal Development, Jabalpur passed an order on 24. 8. 2008 expelling the appellants from the hostel. The said order mentioned that ft was passed on the basis of the directions issued by the Upper Collector and on the basis of certain statements made by the inmates of the hostel. After receipt of the order, the appellants submitted a representation to the Warden of the Hostel on 5. 9. 2008 and prayed for an enquiry to be made on the allegation made by the appellants. On the suggestion of the authorities, a fresh representation was made but to no avail.

(3.) AS set forth, when the appellants came back to the hostel, they, found that their room had been locked and on request being made, they were allowed to remain in the hostel till 12. 9. 2008. On 12. 9. 2008, as pleaded, their luggage was thrown out and they were directed to leave the hostel forthwith. Being dissatisfied with the aforesaid order, the appellants invoked the extra-ordinary jurisdiction of this Court under Art. 226 of the Constitution forming the subject matter of W. P. Nq. 11406 of 2008. During the pendency of the writ petition, the learned single Judge by an order dated 26. 9. 2008 directed the Collector, Jabalpur to pass fresh order after hearing the petitioners and the respondent No. 3, the Warden of the Hostel. After the said direction was issued, the Collector, Jabalpur passed a fresh order and expressed the view that the decision to expel the students was correct.