IN THE HIGH COtJRT OF JUDICATURE AT BILASPUR (C.G.) WRIT H;TIIION N0. "CS-So? 2001 BEFWEEN / Randhawa Prasad ,aged about: 23 years, S/o Late Shri \^i/ Satyanarayan. Resldent o£ Ctnpur, lajgamar, Dlstrict Korba (Qihatt.isgarh). PETITIONER A N B 1. 2. 3. Indira KSla Sangeet Vishwavidyalaya, Khairagarh (Oihattisgarh)• Vice Chancellor, Indlra Kala Sangeet Vishwavidtiyalay Khairagarh, Oifrtrict Rajnandgaon (03). Registrar, 3todira Kala Sangeet Vishwavidhyalay Khairagarti Bls-trict Rajnandgaon (03) • RESPOKDENTS WRIT PETI'TION UNDER ARTICLES 226/227 O? THE eONSTITm-ION Of'INDIA- • ; .- . . . , , . . ^ -—— an^rw W sn^r ?^-4i<=t) •y}?a 's^'.v^..^'-^ ^Ssg^^^^^j^^l^jll WEfS-W^S'3 'S^f'iii'Kiwi, walwislftcii'My. *<l*T<?fT»|t<|ch..C-.J.fe'^ 'Wl, 200) 26.11.2001 ^l^id^ll 'tfT'Rdl' 'q 1^St <[^t^i< '^srfSaHsn^i Shri R.S.B^hel leamcd cou^isel for-fhe petitioner. Notfces were ordered by this notices were issued on 3. 11.200J1 making retumable by 19.11,2001. None represeuts the Court on 30.10.2001.RegisteTed respondents, The order univeisity. impugned hereio. is dated 28.9.2(p01 issued by the Registrar, Indira Kala Saageet Vishwavidy^laya,Kheragarh. The aUegation leveUed syajfist the wiit pctitioner who is student of the said uiuversily is|fhat he was makiag aa attempt to- attack the Vice Chancellor by| covering his fa.ee and alsoyfwo swords and an air gua were foui^d in possession of the petitioner. The petitioner is a Paintmg stu4ent of fhe uiuversily. Accordia$ to the Leanied counsel for th^ petitioner fhe Vice ChanceUor constituted the coxiunittee aad fbe s&id coiumittee reconimended |/LU<*t^->l:fc-"; to the Vice Chaacellor for expkibion)'6f the student fix>in the i It is contended fhat no opp(|>rtuiu1y ofbeiag heard was given to the student before j the impugned order of expulsion/rustication was pas^ed by the university. It is also submitted fhat before the in^pT^iied order was passed the guardian •was not given any ia$)nnation about the activities aad fhe actioa taken by tiie univeriity. Rule 9 ofthe ordinaiice no.2 ofthe said university provides I 3ni?;q;i f^iF aTCIWB 3IR¥T?WITW(S?CT *l<<I<'l<il-l 'qTR^f Tf ty-S ^SR^R •^ aipaii 3?l^i "(l) When a stud^nt has been guilty of grave iniscouduct or &f persistent idleness,the Prmcipal ofthe Copege atwhich such student is studying inay.aper uiformiag his guardiau and according to tbe nature and gravily of fhe offence:- (a) expel (b) rusticate.ipr (c) disqualifyj such student fi-om beiag a candidate| at the next ensuing Vishwavidvalava examination." In fhe iinpugaed order 4>f rustication it is further stated that no university in ludta would accept fhis student. The impugned order is rendered ia Hiudi. I have sought the assistan.ee of the leamefl counsel for the petitioner and also Rajiv Shnyastava ^ ineinber pf the bar. They have read fhe impugned oidef twice aud they have trauslated the order oralty into Engl^sh. There is nothiag to show that ia the nieeting of fhe c<}>nuiuttee held on 26.9.2001 the writ petitioner was giveii auy opportunily to make his stateinent. In fact, fheije is nofhiug to indicate in. fhe iuipugaed order that soine inquity as such was ma.de except fhat recotninendajdion was inade. by the coiru^uttee for takiag action agamst fhe writ petitioner. To passau I'.. '..''. ' ' - ^ order of expulsion or rastication is a veiy grave and serious step. No such order in my view could have beeu passed without giviag aiiiopportuiuly ofbeiag heard to fhe 1 writ petitioner. In ofher jwords it seenis clear to ine that 1 fhere is clear violation of the principles of natural justice. ^Further there is notTnng to indicate that the guardiau of fhe student was infonaed before auy such drastic action (^^ ^Ti3^ ^ ::W3ire^Wi<N? ! EB J" '^i ^^T "r^T?'^T7\an^^"T . ~-?~~^i ~;"?"-='•f^7L ^—i—;,^r~^_^;L ^g^ ^jT?TR?R, »flT3:FIs,T^fRT?; JK^^'I" ^^^iTi '^ v'ts -'^' ^^ ^'-y'll'"d ^ "WT 50 ^T^^f T? •^li^T^^^ {'^i^^) TC'R%?"8f|CT13nt% -qi-rafefi^ •w?ff4 •fe^i^RW ^? siRre' was tal^n 6y-tEe^uiuversi^T-ifTEe~i25pu^ied~i5rEteT'Teiuaffig' operative, fhe fiitttre ofthe ^tudent is doomed. Apart fbom the fact thajt fhe prmciples of natural justice have been violated in ftie ri>resent case, I am further of fhe opinion that on humanita|riaa grounds also this petition should be atlowed. In fhe result this pcjtition is atlowed. The impugned order of rustication issued set-asule. Let fhe student b jby the Registrar ou 28.9.2001 is accepted inuiiediately so that he does not lose any class. ^ven assuming that student has ma.de sonie inistake ia his (ife, it is hoped that he would co- operate wifh the unjyersi1^(yt5) do so will be in. his own iaterest. Petition ^ accordingyr disposed of. Certt&ed copy fi-ee of bost. ^^.—.— — — ——— Sd/- ChiefJustice Gi. PRJ—FS/350—12/2000—50,000.