RAJJYOTI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner was a student of the Bengal Engineering and Science University (BESU or University, for short) and he passed out in the year 2012 after completing his four year Bachelor of Technology course.

(2.) AN untoward incident took place after the completion of 7th semester while he was getting himself ready to appear for the final semester examination. On April 12, 2012, as per the petitioner's version, a few unruly students of the university got involved in a scuffle with some outsiders and policemen. As a result some students were arrested who were subsequently released by the police upon intervention of the BESU authorities. According to the petitioner he never participated in the incident. He had merely witnessed it from a distance. The petitioner subsequently came to learn that the authorities of the BESU had hastily constituted a disciplinary committee on April 13, 2012 to investigate into the matter. A few senior students were asked to give in writing that no student of the university was involved in the incident which was perpetrated at the instance of the outsiders. It was given out to the students that this was necessary for securing the release of the arrested students of the college and the petitioner also in good faith had given an undertaking.

(3.) THE petitioner alleges that the committee had investigated into the matter very hastily. He was never afforded any opportunity to be present before the committee and present his case, neither the committee revealed the facts on the basis of which they had come to such a conclusion. He was not given any hearing and merely made a scapegoat to protect the dignity of the university. He has expressed his surprise that on the date of the incident six students were arrested for being involved in the incident but they were neither named in the alleged report nor were they punished in any manner.