Palekar, J. - (1.) This is an appeal by special leave by three students of Rajendra Medical College, Ranchi from an order of the Patna High Court dated November 21, 1972 dismissing a Writ Petition filed by them for quashing the Order dated 24-6-1972 passed by the Principal of that College expelling them from the college for two academic sessions i.e. 1972-73 and 1973-74.
(2.) The appellants were Second Year students of the college and lived in a Hostel attached to the college. There was another Hostel for girl students. On the night between 10th and 11th June, 1972 some male students of the college were found sitting on the compound wall of the girls Hostel. Later they entered into the compound and were seen walking without clothes on them. They went near the windows of the rooms of some of the girls and tried to pull the hand of one of the girls. Some five of these boys then climbed up along the drain pipes to the terrace of the girls Hostel where a few girls were doing their studies. On seeing them the girls raised an alarm following which the students ran away. The girls recognized four out of these male students - three of them being the present appellants and the fourth being one Upendra Prasad Singh.
(3.) On 14-6-1972 a complaint was received by the Principal from 36 girl students residing in the Girls Hostel alleging the above facts. The Principal decided to hold an enquiry and entrusted the enquiry to three members of the staff viz. Dr. J. Sharan, Dr. B. B. P. Roy and Dr. (Miss) M. Quadros. The four students were directed to present themselves at 4.30 p.m. on 15-6-1972 in the Principal's room in connection with the enquiry. Accordingly, they attended at the time of enquiry which was conducted by the Enquiry Committee in the room itself - the Principal having left the place. The students were called one after other in the room and to each one of them the contents of the complaint were explained, due care being taken not to disclose the names of the girls who had made the complaint. They were also given a charge which ran as follows: " A complaint has been lodged that you trespassed into the premises of the girls hostel at the late night of 10th/11th June, 1972, made unauthorised entry into the Junior Girls Hostel. Further you have been accused of gross misconduct. You are, therefore, asked to show cause why disciplinary action should not be taken against you for the misconduct. You are directed to file your reply immediately to the Enquiry Committee and appear before the Committee as and when required. Non-compliance will lead to ex parte decision." Each one of the students was given paper and pen and asked to write down whatever he had to say. The students uniformally denied having trespassed into the girl Hostel or having misbehaved with them as alleged. They added that they were in their own Hostel at that time.;