BISWAJIT SAHA AND OTHERS Vs. B R AMBEDKAR NATIONAL INSTITUTE OF TECHNOLOGY (DEEMED UNIVERSITY) AND OTHERS

JUDGEMENT

(1.) Petitioners, by filing this writ petition, have prayed that order Annexure P/3 dated 20/21-10-2005, vide which, they were ordered to be expelled from Dr. B.R. Ambedkar National Institute of Technology (Deemed University) - respondent No. 1 (in short, NIT) be quashed. Vide that order, one more student, namely, Rahul Buragohain was also suspended from the above-said institution. They have also challenged the subsequent order Annexure P/10 dated 27.8.2006, vide which, their prayer, to recall the earlier order, was rejected by respondent No. 2.

(2.) Brief facts are that on the intervening night of 11-10-2005, one student of B.Tech. Ist Year course, namely, Amit Kumar Gangwal committed suicide by jumping before a train. He left a suicide note, which was recovered subsequent thereto. FIR Annexure P/1 was recorded at the instance of father of the deceased, wherein name of Rahul Buragohain was mentioned as an accused. It was further stated that Amit Kumar Gangwar had committed suicide on account of harassment meted out to him by the 2nd, 3rd and 4th year students. During investigation, suicide note was recovered, in which names of the petitioners figured. They were joined as accused, arrested and subsequently released on bail. Criminal proceedings have been launched against them. Trial is pending before the competent Court and as per information supplied, charge has also been framed against them.

(3.) It is not in dispute that vide order Annexure P/4, suspension order passed against Rahul Buragohain was revoked and he was allowed to continue his study. The petitioners also made a representation to revoke their expulsion but the same was rejected vide order Annexure P/10. It is necessary to mention here that before passing order Annexure P/10, NIT Jalandhar constituted a Committee, to look into grievance of the petitioners and make recommendations as to whether they can be taken back in the Institute or not. The Committee, in its report, noticed the following facts with regard to the petitioners :-