SHUBHAM KUMAR Vs. NATIONAL INSTITUTE OF TECHNOLOGY PATNA

JUDGEMENT

(1.) Whether the appellant, a student of the respondent Institute was victimised or whether the Institute's image has been tarnished by the unsubstantiated allegations raised by the student before the various authorities, is the underlying issue in the appeal which arise from a writ petition challenging an order of expulsion of the student from the Institute for one academic year. The learned Single Judge noticed the submission of the respondent-Institute that they are agreeable to allow the petitioner to participate in the academic activities from the 5th semester, which would commence in July, 2023; took note of an undertaking filed by the petitioner and set aside the impugned order dtd. 24/11/2022 with direction to the petitioner to abide by his undertaking and participate in the academic activities from the 5th semester. Liberty was also reserved for the Institute to take appropriate action in the event of breach of undertaking.

(2.) The petitioner who appeared in person submitted that there was no undertaking that he would register for the 5th semester in the Academic Year 2023-2024. It was his submission that he had joined the course for the academic year 2020-2024, and when his expulsion was set aside, he should have been restored to the 5th semester and permitted to appear for the examination of the remaining semesters since his absence from the institute was only on account of the expulsion order. The appellant who appeared in person was emotionally charged and was also to an extent misdirected in his submissions. We had then appointed an Amicus Curiae, Ms. Roona, who had been assisting us ably in the hearings.

(3.) In this context, we were of the opinion, after hearing the matter today, that we should place on record the various stages of the hearing in the appeal for which we deem it appropriate that the different orders are extracted hereunder. We extract the orders of 30/11/2023 and 30/1/2024: