A N NIGAM Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) A storm over a cup of tea', but though 'cup of tea' was over, the storm has assumed serious disastrous dimensions for the petitioner resulting in his suspension and inquiry. The academicians, either in their extraordinary pursuit of detachment and assertion of independence or caught in the trap of group rivalries, and group politics of the University, Instead of dividing and discussing the work load of the educational field, climbed over trying to scale political controversial issues under the garb and cover of unlimited rights of the teachers to criticise the political leaders and their policies. The pivot of debate in this writ petition is the validity of suspension of Prof. Nigam and inquiry against him on the allegation, that provoked by Sri T.N. Agrawal or caught in a well knit trap, Prof. Shri Nigam used derogatory language against the Prime Minister, Shrimati Indira Gandhi by verbal as well as written expression, that "she is owl (ulloo)".

(2.) Shri Lekh Raj Mehta, the learned counsel for the petitioner has assailed the Iwin decisions of the University of Jodhpur to hold disciplinary inquiry against Prof. Shri Nigam for misconduct and to suspend him also.

(3.) Shri Mehta raised several issues before this Court for the purpose of admission and obtaining slay order. The principal amongst them were, that the University passed Ihe impugned resolution without a proper quorum, that the University had no statutory right under any of the statute to suspend the petitioner during inquiry; that the petitioner without admitting correctness of the allegation which is seriously disputed, has got a fundamental right to say, that 'Shrimati Indira Gandhi is owl'.