1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1290 OF 2010 (Pankaj Lalan Kumar Zha vs. Babasaheb Naik College of Engineering , Pusad and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M. REIS, JJ. DATED : APRIL 1, 2010 Heard Shri Narwade, learned Counsel for the petitioner, Shri Sonwane, learned Counsel for the respondent no.1, and Smt. Khade, learned Assistant Government Pleader for the respondent no.2. The petition is directed against the order dated 18.2.2010 issued by the Principal of the respondent no.1 College whereby petitioner is expelled from the Institution and Hostel for two years, i.e. 2009-10 and 2010-11 with immediate effect after having found guilty of using unfair means in the College test examination as well as 2 University Examination of the seventh semester of B.E. (Mechanical) Course. Shri Narwade, learned Counsel for the petitioner, states that the order of expulsion of two years is beyond the jurisdiction in view of Clause 13 of Ordinance No.2, which reads thus : “13. When a student has been guilty of grave misconduct or persistent idleness, the Principal may after informing his guardian and after taking into consideration the nature and gravity of the misconduct, expel, rusticate or disqualify (such student) him from being a candidate at the next ensuing University Examination. The decision of the Principal in this matter shall be final.” It is submitted that in view of Clause 13 of the said Ordinance, even if it is presumed that the petitioner was found guilty of using unfair means in the examination, even then the petitioner could have been expelled or disqualified from being a candidate at the next ensuing University examination, i.e. 8 th semester examination, which is scheduled to take place in the month of April 2010. Shri Sonwane, learned Counsel for the 3 respondent no.1, after obtaining instructions from the competent Authority in the light of the above referred Ordinance, has made a statement that expulsion of the petitioner on account of using unfair means in the examination (seventh semester) would be restricted only to the extent of disqualifying the petitioner from being a candidate at the next ensuing University examination, i.e. 8 th semester examination, which is scheduled to take place in the month of April 2010. In view of the above referred specific and categorical statement made by the learned Counsel for the respondent no.1, the impugned order dated 18.2.2010 loses its efficacy and the expulsion of the petitioner is limited only to the next ensuing University examination, i.e. eighth semester. With these observations, the petition is disposed of keeping the prayer made by the petitioner in prayer clauses (c) and (d) of the petition open. JUDGE JUDGE khj 4