Civil Writ Petition No.19042 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 6.11.2008 Simardeep Singh ....Petitioner Versus Baba Farid University of Health Sciences and others ...Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE NAWAB SINGH Present:- Mr.D.V.Sharma, Senior Advocate with Ms.Sushma Chopra, Advocate for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The challenge in the present writ petition is to the order (Annexure P8) passed by the Vice Chancellor, Baba Farid University of Health Sciences on 2.6.2008, whereby the earlier punishment of rustication for a period of five years was reduced to three years. The petitioner is a student of MBBS at Sri Guru Ram Das Institute of Medical Sciences & Research, Amritsar (for short “the Institute”). It is the case of the petitioner that on 26.9.2006, a brawl took place between some students of the college wherein a student named Pavneet son of Dr.Avtar Singh was seriously injured. An FIR No.145 was registered on 26.9.2006 under Sections 148, 307 and 506 read with Section 149 IPC at Police Station 'B' Division, Amritsar wherein the petitioner was wrongly arrested. On the basis of the alleged involvement of the petitioner in the said case, the petitioner was rusticated from the Institute vide letter dated 28.9.2006 issued by the Director Principal of the Institute. Civil Writ Petition No.19042 of 2008 2 Vide communication dated 3.10.2006, the petitioner was intimated that the College Council has unanimously decided to permanently rusticate him from the Institute with effect from 28.9.2006 for causing injuries and endangering the life of Pavneet Singh. The petitioner along with others was also debarred from entering the Institute complex, including its hostels and the attached hospitals. The petitioner challenged the aforesaid order before this Court through Civil Writ Petition No.6761 of 2007. However, the said petition was dismissed on 6.9.2007 after the decision of the Senate dated 19.7.2007 was produced before this Court rusticating the petitioner for a period of five years. The petitioner challenged the said order before the Supreme Court. Hon'ble Supreme Court dismissed Special Leave Petition but granted liberty to the petitioner to approach the Vice Chancellor to seek modification of the punishment. It was mentioned therein that the Vice Chancellor would be at liberty to pass any appropriate orders despite the observations made by the High Court in the judgment. In view of the liberty granted, the petitioner submitted representation, which has since been decided by the Vice Chancellor vide order impugned in the present petition. The period of rustication has been reduced from five years to three years in the impugned order with the following conclusion :- “In the light of the order passed by the Senate which recommended the maximum period of 5 years in this case of punishment for the assailants, I feel that the Civil Writ Petition No.19042 of 2008 3 University may allow these alleged assailants of continue to be in restraint till the expiry of a maximum of 3 years from the date of rustication if the following conditions are met:- a) That all the students from the victim's class should have cleared MBBS Course and passed out (including internship) so that they are not unnecessarily exposed to the adverse presence of alleged assailants in the institution. b) That the alleged assailants shall only be allowed continuity of academic pursuit at the end of the period and no benefit should accrue to the alleged assailants for the period of rustication till their rejoining. c) The alleged assailants shall be required to comply with all academic requirements for pursuing their academic career. d) That the college authorities shall be fully entitled to keep the conduct of all of the alleged assailants in tight scrutiny and on any kind of default in conduct, have freedom to take appropriate action accordingly. e) That all the alleged assailants at the time of restoration of continuity of study shall give in affidavit form declaration showing regret and apology for misconduct, guarantee of good behaviour and earnest pursuit of studies to the full satisfaction of Civil Writ Petition No.19042 of 2008 4 the college authorities along with any other guarantees/assurances that the college authorities may seek to ensure peaceful undisruptive presence of these alleged students both inside and outside the college premises.” During the course of arguments, counsel for the petitioner has restricted his argument in respect of condition (e) in respect of furnishing of affidavit showing regret and apology for misconduct, guarantee of good behaviour. It is the case of the petitioner that if such affidavit is executed as the condition precedent for rustication for a period of three years, then such act will amount to admission of his guilt, which will prejudice his criminal trial. We have heard the learned counsel for the petitioner. We do not find that such condition leads to any inference of admission of guilt which can be used against the petitioner in the criminal trial. Affidavit expected from the petitioner is in respect of misconduct in the course of study in the college. Therefore, the inference drawn by the petitioner from clause (e) of the order cannot be arrived at in any reasonable manner. No other argument has been raised. Thus, we do not find any merit in the present writ petition. The same is disposed of. (HEMANT GUPTA) JUDGE (NAWAB SINGH) 6.11.2008 JUDGE AS