BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by Babulal who was studying in the Pre-University Class in S. K. N. Government College jobner for a writ of mandamus or any other writ, order or direction declaring the order of his expulsion from the College (Ex. A) passed by Respondent No. 2 the principal of the College as illegal and ineffective and directing the respondents to permit him to carry on his studies in the said College in the usual manner.

(2.) IT appears from the impugned order that the petitioner was expelled from the college as he and Madanlal Yadav another student of the same College were found guilty of stealing Rs. 180/- from the box of Surendra Prakash Sharma Mess accountant. The petitioner's case is that the said order is unjustified, unwarranted, mala fide and passed without sufficient cause against the principles of natural justice inasmuch as neither any enquiry worth the name was made nor was any opportunity given to him to cross-examine Madanlal or to adduce evidence to prove his innocence. Respondent No. 2 should have satisfied himself as to the correctness of the report made against the petitioner. It is alleged that the order is mala fide, and the charge of stealing Rs. 180/- was unfounded and baseless. As the order puts a life long stigma upon his career and renders him unfit for pursuing his studies further, he prays that it may be declared ineffective.

(3.) STATE of Rajasthan, Respondent No. 1 has opposed the application and it has been urged that the order of expulsion of the petitioner was passed after enquiry and due consideration of the materials which came to the notice of the Principal of the College. Their reply is that on 12th November, 1960, it was reported to the warden of the Hostel by Surendra Prakash Sharma, a student of the Pre-University class residing in the College Lodge that a sum of Rs. 180/- which he had collected from the students as mess advance was stolen from his box on 11th November, 1960 vide Ex. 1. Shri Gajadharsingh Hostel Warden suspected Madanlal Yadav and the petitioner who was an intimate friend of the former. The Warden several times asked both of them about the money but they showed their ignorance. After sometime Madanlal admitted his guilt and told him that he had given the key of the box of Surendra Prakash Sharma to the petitioner who took out the money while he himself stood outside the room as a guard. The petitioner on the other hand did not admit his guilt. Ultimately, on, 1st december, 1960, he gave it in writing that if Madanlal said that he had given the money to him he would be prepared for any punishment that may be inflicted upon him. This statement is Ex. 2 and bears the endorsement of Dr. B. P. Srivastava Lecturer, Agriculture Zoology and Entomology Section, to the effect that it was made in his presence and that no force was applied on him. An affidavit of Dr. Srivastava to the same effect has also been filed. Madanlal was then asked in the presence of the petitioner and he made a clean breast of the whole affair stating that Rs. 180/- were taken out by the petitioner from Surendra Prakash's box. He gave the same statement in writing on 17th December, 1960 which he had made on 1st December, 1960 in the presence of the petitioner. The Warden in the report submitted by him to the Principal while mentioning all the aforesaid facts had further reported that the attitude of the petitioner throughout had been arrogant and he recommended that he should be expelled from the College. The whole matter was considered by the Principal in the meeting of the staff held on 21st December, 1960 and as a result of the discussion it was decided that the petitioner should be expelled from the College. This action was taken because: