SUSHIL KUMAR Vs. MAHARISHI DAYANAND UNIVERSITY ROHTAK

JUDGEMENT

(1.) By this common judgment, the civil writ petitions bearing No. 4411 and 4357 of 1998 can conveniently be disposed of together. Though the facts are different but the question involved is identical.

(2.) In the case of Sushil Kumar (CWP No. 4411 of 1998), it has been asserted that petitioner Sushil Kumar was admitted in LL.B.Ist year of 5 years Course in Maharshi Dayanand University (for short "the University") in the session 1994-95. On 27-1-1998 there was a notice on the notice board of the Law Department that the petitioner has been ordered to be expelled for one year from the University in terms of the provisions of Statute 39(1) of the University Calendar, Volume I, by the Vice-Chancellor of the University. On the same duty, police came to the house of the petitioner alleging that he has hooted in the welcome party in the Mathematics Department and another student of the Law Department had caused knife injuries to the two students of the Mathematics Department. A case had been registered punishable under S.324/34 of the Indian Penal Code. The petitioner made a detailed representation to the Chairman, Department of Law of the University. He submitted that he is innocent. Couple of affidavits were also filed in support of his claim. No action was taken on the representation of the petitioner. By virtue of the present writ petition, he assails the expulsion order asserting that there was no proper identification of the offending students. No proper opportunity was given to the petitioner of being heard because no notice was issued to the petitioner before passing of the order of expulsion. Even his explanation has not been called. It has further been asserted that at least on the receipt of the representation, the matter should have been considered. In these circumstances, it was prayed that the petitioner should be allowed to continue the classes of LL.B.4th Year and the impugned order expelling him for one year should be quashed.

(3.) The petition has been contested in the joint written statement filed by the respondents. It was pointed out that students of the Department of Mathematics had organised a welcome party on 21-1-1998 in the department. The petitioner and his companion Anuj Tyagi had indulged in rowdyism and hooted at the girl students. When challenged, Anuj Tyagi whipped out a knife and stabbed one Ajay and Yashpal. The injured students were removed by the other co-students to the Rohtak hospital in the emergency ward. On the basis of medico-legal report, a case was registered. The police started investigation. The photographs of the assailants were shown to the complainant and it was confirmed by him.