ICHHPAL SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner after having passes his B.Sc. Part -ll examination during the session 1998 -99 was admitted in Govt. Degree College Udhampur. This was for the Sessions 1998 -99. During this session he was suspended as he was involved in a stabbing incident. The victim died later on. An order to this effect was passed on 12.10.1999. The petitioner came to be arrested on 12.10.1999. This stabbing incident led to the death of one student Daljeet Singh. Criminal Proceedings were initiated against him. The petitioner submits that as he stands acquitted by the Court of Sessions, therefore, he is entitled to admission/ re -admission and the decision taken by the respondents not to grant admission is not sustainable.

(2.) THE respondents have filed objections. The stand taken by them is that no doubt the petitioner was acquitted of the charge under section 302 of the Penal Code but this acquittal was because nobody came forward to support the prosecution version. It is accordingly submitted that merely because the petitioner stands acquitted of the charge cannot lead to the consequence of the petitioner being granted admission. It is submitted that the respondents can form their own view in the matter. It is submitted that if a decision is taken by the educational authorities in this regard, then this is not normally to be interfered with. For this reliance is being placed on the following authorities. 1. U.P. Singh vs. Board of Governors MACT Bhopal And Ors AIR 1982 MP 59 2. Arun Kumar Pateria and Anr. Vs. Vikram University Ujjain and Ors. AIR 1982 M P 217 3.SUBIR Kumar Saha Vs. The Indian Institute of Technology and Another AIR 1987 Bombay 35.

(3.) In addition to above, it is submitted that on account of provisions contained in paragraphs 5 and 8 of the prospectus, the petitioner cannot seek admission. It is submitted that the petitioner is supposed to furnish a character certificate and again he cannot be admitted when there is a gap of more than one academic session. The argument which is put across by the learned counsel for the petitioner is that the petitioner has passed B.Sc. Part II, examination with 62% marks. It is submitted that the incident which led to the petitioner being suspended led to a criminal trial. In the criminal trial, the petitioner stands acquitted. If this be the situation then there should be no justification to not to permit the petitioner to continue with the course of studies. It is submitted that if an under trial is permitted to taken part in the examination, then the petitioner who was a freeman and has been absolved of the blame cannot be denied admission in the college.