CWP No.2189 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision:09.03.2010 Biswajit Saha and others ... Petitioners Vs. Dr. B.R. Ambedkar National Institute of Technology, Jalandhar and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. ML Sarin, Senior Advocate, with Ms. Alka Sarin, Advocate, for the petitioners. Mr.Anupam Gupta, Advocate, for the respondents. -- PERMOD KOHLI, J. (Oral): Though reply has not been filed, however, Mr. Anupam Gupta, learned counsel for the respondents has argued this matter on merits. The petitioners who are students of Bachelor of Engineering and Technology Institute and have passed out the Institute after completion of their respective courses. The details of the courses passed by the petitioners is indicated in paragraph 3 of the writ petition. It appears that in the year 2005, a First Year student, namely, Amit Kumar Gangwar, at the Institute allegedly committed suicide by jumping before a running train. First Information Report was lodged in CWP No.2189 of 2010 2 respect to the said incident. During the investigation some note was found allegedly prepared and signed by Amit Kumar Gangwar wherein he named 10 students of having ragged him. The respondent-Institute initiated disciplinary proceedings and a Disciplinary Committee was constituted. The Disciplinary Committee gave interim report to the effect that it was not possible to establish the involvement of the petitioners with the alleged suicide of Amit Kumar Gangwar. However, the Disciplinary Committee recommended that the petitioners and some others be kept under the strict watch and be advised not to leave the Institute/Campus without prior permission. The police arrested the students named in the note except petitioner No.3 and they were sent to judicial custody. The Disciplinary Committee in its final report recommended the expulsion of the petitioners from the Institute. As a consequence of the recommendation of the Disciplinary Committee, 10 students were expelled by an order dated 20/21.10.2005 by the Institute including the petitioners. All the petitioners were granted anticipatory bail by the C.J.M., Jalandhar, except petitioner No.3. However, petitioner No.3 was granted anticipatory bail by this Court. The petitioners seem to have approached the Disciplinary Committee. The Committee recommended that the petitioners be permitted to complete their academic requirements on certain terms and conditions imposed by the Committee. The recommendations of the Disciplinary Committee, however, were not accepted by the Board of Governors. CWP No.2189 of 2010 3 Aggrieved of the action of the Board of Governors, the petitioners filed CWP No.3197 of 2007 which came to be disposed of by this Court vide order dated 09.05.2007 with the following directions:- “In view of the facts mentioned above, expulsion of the petitioners is set aside prospectively i.e. For the future and the respondents are directed to allow them to attend classes in the next session, as regular students, subject to their complying with the conditions, as mentioned above.” Resultantly, the petitioners were permitted to pursue their studies. They were permitted to appear in the final examination and the result has already been declared. The petitioners were granted provisional degrees and the Mark Sheets. However, they have not been granted the original degrees and the Mark Sheets. The petitioners again approached the respondents for release of the original degrees and Mark Sheets. It seems that the respondents sought legal advise and despite legal advise having been rendered for release of the documents, the respondents passed the impugned order dated 24.12.2009 (Annexure P-15) wherein it is mentioned that final degrees be not issued till specific instructions are received from the Hon'ble Court. It is this order which has been challenged in the present writ petition. Mr.Sarin, learned Senior Counsel appearing for the CWP No.2189 of 2010 4 petitioners has vehemently argued that the action of the respondents in the impugned order is totally illegal, without jurisdiction and non-est in the eyes of law. It has been further argued that the petitioners have been permitted by this Court to pursue their studies after their expulsion was set aside. No dispute was pending in the Court when the respondents took the decision to with-hold the final degrees and Detailed Marks Sheets. From the impugned order as also the decision taken by the Senate vide Agenda Item No.16.6 (Annexure P-12/A, it appears that the petitioners have been denied the final degrees without any valid reason. It is simply mentioned that documents can be released after the decision of the High Court. There was no case pending either on behalf of the petitioners or the respondents or on behalf of any other person relating to the grant of final degrees and Marks Sheets to the petitioners. There is no rule or law which prevents the respondents from issuing the final degrees and Marks sheets, the petitioners having cleared the final examination. Suffice it to say that even a convict is entitled to the degree/certificate if he has successfully qualified the examination. The petitioners expulsion having been set aside by the Court and the order having attained finality, expulsion of the petitioners is illegal and unwarranted. In view of the above, the impugned decision of the Senate dated 05.06.2009 (Annexure P-12/A) and order dated 24.12.2009 (Annexure P-15) are hereby quashed and set aside. Resultantly, the respondents are directed to release the final original degrees and Mark CWP No.2189 of 2010 5 Sheets to the petitioners within a period of two weeks from the date a certified copy of this order is made available to the respondents/ competent authority. 09.03.2010 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO