KARTAR SINGH Vs. MAHARISHI DAYANAND UNIVERSITY ROHTAK

JUDGEMENT

(1.) Kartar Singh and 20 others, who are students of the evening college and are also serving in various departments/institutions. Through present petition filed by them under Article 226 of the Constitution of India, seek issuance of writ in the nature of certiorari so as to quash impugned order Annexure P-3 vide which University College (Evening) at Rohtak has been ordered to be closed with immediate effect by styling Resolution No. 42 of the Executive Council passed in its 137th meeting held on June 11, 1998 to be wholly illegal and without jurisdiction.

(2.) The facts, as culled out from the petition, reveal that petitioners are students of BA-I and BA-II of the evening college of Maharishi Dayanand University, Rohtak. It is the case of petitioners that the college had been in existence for the past 36 years and had been catering to the needs of students of weaker section of the society, who, because of financial constraints, could not attend the morning courses. The University by its decision has now ordered the closure of the college, thus, jeopardising the career of the students. It is so pleaded and argued by learned counsel for the petitioners that decision to close the evening classes has been taken without issuing any notice to the college authorities and without following the procedure as contemplated in the University Calendar. Section 38, in its clauses 28, 30 and 31, clearly lays down that a notice is mandatory. Apart from this, sub-clause 12(d) of the Section aforesaid lays down that even if the courses are to be discontinued, they are to be done gradually so as not to affect the career of the students. It is further the case of petitioners that the Academic Council has been held to be principal academic body which is to exercise supervision over academic policies of the University and in the instant case, Academic Council was bye-passed and the Executive Council took the decision on the basis of a report which was submitted barely within fifteen days of its setting up and which report is stated to be based on distorted facts and the college authorities were not taken into confidence. In view of what has happened, career of more than 400 students is at stake.

(3.) Pursuant to notice issued by this Court respondents have entered defence and filed written statement.