CW 13512/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.13512/2009 Rajendra Prasad Versus Vice Chancellor Rajasthan Agriculture University, Bikaner & Anr 2-Civil Writ Petition No.13032/2009 Ramesh Chand Versus Vice Chancellor Rajasthan Agriculture University, Bikaner & Anr Date of Order : 30/03/10 Hon'ble Mr. Justice Ajay Rastogi Mr. PC Sharma, for petitioners Mr. RA Katta, respondents University Facts are common in both the writ petitions as such have been heard together at joint request and are being disposed of by present order. Both the petitioners are students of B.Sc. (Agriculture) (Hons.) Ramesh Chand Ranwa is a student of B.Sc. (Ag.) Hons. Part-III while Rajendra Prasad Jat of B.Sc. (Ag.) Hons. Part-IV. As per minutes of meeting of the disciplinary & anti-ragging committee held on 06/08/2009 and its recommendations, both the petitioners were rusticated from College vide order dt.07/08/2009. Rajendra Prasad Jat was rusticated for a period of 2 semesters including current semester while Ramesh Chand Ranwa was rusticated for a period of 4 semesters including current semester. As per material on record, both the petitioners, as alleged, in the night of 31st July, 2009, misbehaved with the newly CW 13512/09 //2// entered/admitted (fresher) students in the manner having fallen under the definition of ragging as per Cls. 3, 3(a), 3(b), 3(c), 3(d), 3(g), 3(h), 3(i) of UGC Regulations on curbing the menace of ragging in Higher Educational Institutions, 2009 (“UGC Regulations, 2009”). Apart from the incident having taken place on 31/07/2009, even prior thereto, Ramesh Chand Ranwa (petitioner) was found guilty of violating discipline in the past and was punished vide Dean's order dt.14/09/2006 while he was student of student B.Sc. (Ag.) Hons. Part-I, by giving a warning & imposing a fine of Rs.1000/- besides placing him on a probation of good conduct for two semesters; and that apart, his guardian gave a written undertaking that his ward would behave properly in future. Despite being warned, Ramesh Chand Ranwa again heavily penalized vide order dt.23/03/2009 when he was a student of B.Sc. (Ag.) (Hons.) Part-II, he was fined of Rs.1000/- besides being kept on probation of good conduct for entire degree course and asked to deposit a security of Rs.2,000/- confiscable in case of violation of Rules, besides debarred from getting scholarship/ fellowship/stipend and participating in extra curriculum activities. At the same time, another student Rajendra Prasad Jat (petitioner) was earlier CW 13512/09 //3// issued warning alongwith imposition of a fine of Rs.500/- and placing him on probation of good conduct for one semester vide Dean's order dt.14/09/2006, alongwith a written undertaking from the parents/guardian of the student for good conduct in future while he was student of B.Sc. (Ag.) Hon.s Part-I. Again while Rajendra Prasad was student of B.Sc. (Ag.) Part-III, he was fined of Rs.500/- and warned for good conduct in future vide Dean's order dt.31/12/2008. However, for incident of 31st July, 2009, since both of them crossed limits by ragging newly entered/admitted (fresher) students, the anti-ragging committee inquired into the incident and taking note of earlier incidents of indiscipline on their part (supra) finally observed that both the petitioners are habitual offenders maintaining a track record of violating conduct rules right from the admission day till date; and accordingly held them guilty under Cl.9 of UGC Regulations on curbing the menace of ragging in Higher Educational Institutions, 2009. Taking note of report of anti-ragging Committee placed on record as Ann.R/23-B in CWP-13032/2009, respondents rusticated Ramesh Chand Ranwa (student of B.Sc. Ag.Hons. Part- III) for a period of 4 semesters including current semester and Rajendra Prasad Jat CW 13512/09 //4// (student of B.Sc. Ag. Hons., Part-IV) for two semester including current semester; and it was further observed that after completion of rustication period, both of them may get registered as a non-hosteller and would remain on probation of good conduct till completion of their degree – against which both the petitioners preferred appeal before Vice Chancellor of the University but their appeals were rejected vide order dt.30/09/09. Hence these petitions. Main thrust of petitioner's Counsel is that as regards Rajendra Prasad Jat, by a passage of time, he has already undergone the punishment of rustication inflicted under order impugned but at the same time, respondents adopted two different standards while inflicting penalty for self-same incident of 31st July, 2009, for which both of them were held guilty, while petitioner Ramesh Chand Ranwa has been rusticated for four semesters; as such their action is in violation of Art.14 of the Constitution. Counsel for petitioners submits that before the Committee made recommendations, no opportunity of hearing was afforded to them; as such very decision taken by respondents and having been made to be a basis for rustication of petitioners is in violation of principles of natural justice. CW 13512/09 //5// In the reply respondents have averred that disciplinary cum anti-ragging committee was constituted to examine whole of incident of 31st July, 2009 and proceeded in accordance with UGC Regulations 2009 for curbing ragging. Counsel for respondents submits that past track record of petitioners having been considered by the Committee & taking note of its report while taking decision to rusticate them vide orders impugned which has not been controverted by either of petitioners; as such, both of them have rightly been rusticated and the order being appealable, the appellate authority has also examined the record and finally upheld the order of rustication impugned. This Court has considered rival contention of Counsel for parties and with their assistance, examined material on record. As regards past track record of both the petitioners, it has been recorded in details by disciplinary cum anti-ragging committee in its report dt.06/08/09 (Ann.R/23) ad infra: “1. Mr. Ramesh Chand Ranwa now a student of B.Sc. (Ag) (Hons) Pt.III was found guilty of violating discipline in the past and penalized by Dean's office order No.F.Sc.F2()/ SKN/2006/17304-15 dated 14/09/2006, when he was a student of B.Sc. (Ag) Hons. Pt.I by giving a warning, fining Rs.1000/- and placing on CW 13512/09 //6// conduct probation for two semesters. His guardian gave a written undertaking to the effect that his ward would behave properly in future. 2. Again he was heavily penalized vide order No.F.SC.F2()/SKN/2009/1656 -64 dated 23/03/2009 (in spite of being remained on conduct probation during 1st year). When he was a student of B.Sc.(Ag.) Hons. Part.II he was fined Rs.1000/-, further kept on conduct probation for the entire degree programme, asked to deposit a security of Rs.2,000/-confiscable in case of violation of the rules and was debarred from getting any scholarship/fellowship/stipend etc. and participating in any of the extra curriculum activities. 3. In the night of 31st July, 2009, Mr. Ramesh Chand Ranwa, now a student of B.Sc. (Ag) Hons. Pt.III, alongwith Mr. Rajendra Prasad Jat, a student of B.Sc. (Ag) Pt.IV, misbehaved with the newly entered/ admitted (fresher) students, namely Sh. Banwari Lal Meena, M.Sc. Ag (Agronomy) and Shri Ram Lal Khatik, M.Sc. Ag. (Ag. Economics) in a manner which comes under the definition of ragging as per clause 3, 3(a), 3(c), 3(d), 3(g), 3(h), 3(i) of UGC Regulations on Curbing the menace of Ragging in Higher Educational Institutions, 2009.” “1. Mr. Rajendra Prasad Jat now a student of B.Sc.(Ag.) Pt.IV was CW 13512/09 //7// issued warning, fined Rs.500/- and placed on conduct probation for one semester vide Dean's Office order No.F.Sc.F.2()/SKN/2006/17304-15 dated 14/09/2006 along with a written undertaking from the parents/guardian of the student for good conduct in future when he was a student of B.SC. Ag Hons Pt.I. 2. When Mr. Rajendra Prasad Jat was a student B.Sc. (Ag) Pt.III, he was again fined Rs.500/- and warned for good conduct in future vide Dean's Office Order No.F.()SKN/2008/9391 dated 31/12/2008.” 3. In the night of 31st July, 2009, Mr. Rajendra Prasad Jat, the student of B.Sc. (Ag) Pt.IV, alongwith Mr. Ramesh Chand Ranwa, now a student of B.Sc (Ag) Hons. Pt.III, along misbehaved with the newly entered/ admitted (fresher) students, namely Sh. Banwari Lal Meena, M.Sc. Ag (Agronomy) and Shri Ram Lal Khatik, M.Sc. Ag. (Ag. Economics) in a manner which comes under the definition of ragging as per clause 3, 3(a), 3(c), 3(d), 3(g), 3(h), 3(i) of UGC Regulations on Curbing the menace of Ragging in Higher Educational Institutions, 2009.” Taking note their past track (supra), the Committee recommended for rustication of petitioners and the authority competent after considering their past track record (supra) and report of the Committee took decision for their rustication and after examining the CW 13512/09 //8// material on record, the appellate authority rejected their appeal vide order dt.30/09/09. Submission made by Counsel for petitioners that two different standards were adopted while passing orders of rustication impugned is of no substance for the reason that the decision impugned has been independently taken having regard to past track of individual petitioner. As regards submission about non- compliance of principles of natural justice, suffice it to say that petitioners have been afforded with opportunity of appeal and the appellate authority has examined the submissions made in appeal having been filed by them and their appeal has been rejected by a detailed order. In the facts of instant case, it cannot be said that there was violation of principles of natural justice. That apart, having noticed past track record of individual petitioners (supra), this Court does not find any error being committed by competent authority in taking decision for their rustication impugned and rejecting their appeals. Consequently, writ petitions fail and are hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p8/ 13512CW2010Mar30Ds(2)Ragng.doc