SHASHI BHUSHAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for issuance of writ of mandamus commanding upon the respondent No. 2 to issue the marks -sheet to the petitioner and also for writ of certiorari quashing the order dated 10 -10 -1991, as contained in Annexure -6 to this writ petition, by which the petitioner was rusticated from the college.

(2.) The petitioner has also prayed for quashing the order dated 12 -5 -1993 passed by respondent No. 2 by which the appeal filed by the petitioner has been rejected. The petitioner who is a student of Bihar Institute of Technology, Sindri, (hereinafter to be referred to as the B.I.T. for short) has been rusticated for full three academic years, by order dated 10 -10 -1991 passed by the Director, B.I.T., Sindri.

(3.) THE case of the petitioner is that while he was preparing for appear ing at the final examination of the engineering college, a show -cause notice was given to him on 14 -9 -1991 stating therein that since he was guilty of beating one girl student of the institute, namely, Miss Sonel Srivastava, at Sindri Town Railway Station, he was required to explain as to why disciplinary action should not be taken against him. A copy of the show -cause notice is Annexure -1 to the writ petition. The petitioner pursuant to the show -cause notice, aforesaid, filed his show -cause stating therein that on the date of the alleged occurrence, i.e., 1 -4 -9 -1991, he was not present at Sindri Town Railway Station and hence he has not done any thing as alleged. However, the petitioner apprehending that he may not be allowed to appear at the final examination of the engineering college, preferred a writ petition, being C.W.J.C. No. 2136 of 1991 (R), before this Court with a prayer that he may be allowed to appear at the final examination, which was going to be held from 22 -10 -1991. In that writ petition on 8 -10 -1991 a notice was issued to respondent No. 2 and in the meanwhile it was directed that the petitioner may be permitted to appear at the 5th year B. Sc. Mining Engineering Examination, which was scheduled to be held from 22 -1 -1991, without prejudice to the rights and contentions of the respondents, subject to the result of that writ petition. However, it was made clear that till the disposal of the writ petition, the result of the petitioner shall not be published. That writ petition was admitted on 19 -1 -1991.