V.M.Sahai, J. - (1.) The petitioner a student of M.A. Final. Sociology in Banaras Hindu University, Varanasi, residing in Jyoti Kunj Hostel and a first class student throughout has challenged the order dated 7.1.2000 passed by the Vice-Chancellor expelling her from the hostel and debarring her from appearing in the examination for the acts of indiscipline and misconduct. The relevant extract from the order dated 7.1.2000 is quoted below : (4) Whereas on examination of her aforementioned reply and considering the entire case on merit, it is now established that the aforementioned Km. Siddh Vidya has committed not only acts of indiscipline and misconduct as defined in the Ordinances Governing Maintenance of University Hostels and Delegacies, BHU Calendar Part I, Vol. II, Pages 317 but also acts of indiscipline including misconduct, act punishable under the law of the land, act which interferes with personal liberty of other, subject another to indignity, involve physical violence, act which disturbs the smooth running of the University or environment conducive to the pursuit of knowledge and harmonious relationship between different people living in the campus as defined in the Ordinance Governing Maintenance of Discipline and Grievances Procedure, BHU Calendar Part 1, Vol. II, Page 345- 347; Now, therefore, I, Y.C. Simhadri, Vice-Chancellor, Banaras Hindu University, after pursuing and examining in detail and on merit the entire case of Km. Siddh Vidya, in exercise of my powers under Statute 60 (3), hereby pass the following order : (1) that the aforesaid Km. Siddh Vidya. d/o Shri Pratap Singh, permanent resident of C/o. Shri Pratap Slngh, Additional District and Sessions Judge, Pakar (Bihar), a student of M.A. Final, Sociology, Department of Sociology. Faculty of Social Sciences. Banaras Hindu University is expelled from all the privileges, including the privileges of the hostels, of the Banaras Hindu University with immediate effecAt ; and (2) that she is debarred with immediate effect from appearing at any entrance test of the University and/or admission to any academic course at Banaras Hindu University in future. Sd. Registrar Banaras Hindu University
(2.) It is undisputed that some exchange of hot words followed by physical assault took place on 9.12.1999 between two inmates of room No. 67 and 69 of Jyoti Kunj Hostel. A complaint was made against petitioner to the Vice-Chancellor by Inmate of room No. 69 on 9.12.1999. Another complaint was made by petitioner on 10.10.1999. On 12.12.1999 both the students sent a joint letter to the Vice-chancellor that they were patching up their differences, that they were sorry for the inconvenience and may be forgiven. But the Registrar of the University on 16.12.1999 Issued a show cause notice to the petitioner to which the petitioner replied on 17.12.1999 that due to emotional outburst, a minor Incident took place on 9.12.1999 for which she was sorry and both have now compromised. On 18.12.1999, the complainant sent a letter to the Vice-Chancellor that the allegation in the show cause notice that the petitioner, "bolted the door from Inside" was not correct as she had mentioned that she closed the door and stood against It. She further pointed out that the allegation in the show cause notice that the petitioner, "seriously assaulted" her in room was not correct, as she had mentioned that she was physically assaulted. She requested that the matter may be resolved. Many inmates of the hostel also represented that no proceedings be taken against the petitioner. In the counter-affidavit, reference has been made to a letter sent by some inmates of the hostel referring to the incident and requesting to ensure peace in the hostel to enable the students to carry on their studies. Two reports dated 11.12.1999 by the Sanrakshika and by the Warden of the hostel have also been filed. It is mentioned that on coming to know of the Incident, they went to the hostel and were Informed that the complainant was assaulted. In the report of the warden it is mentioned that she found the complainant terrified and she was trembling. Apart from this copy of the order dated 4.2.2000 passed by the Vice-Chancellor rejecting representation of the petitioner that she may be permitted to appear in the M.A. Final examination has also been filed. The relevant part of the order of Vice-Chancellor dated 4.2.2000 is extracted below : (4) Whereas the aforementioned Km. Siddh Vidya had given in support of her good behaviour a copy of compromise letter dated 12.12.1999 signed by herself and Ms. Mitu Sikdar. Also appended a copy of the letter from Ms. Anupama Tripathi, M.A. (Hindi) Final, giving her clarification about the phone call received by Ms. Mitu Sikdar. Also a copy of the letter dated 18.12.1999 of Ms. Mitu Sikdar. Also a copy of each of the three representations jointly signed by 39. 83 and 136 inmates of the Jyoti Kunj Hostel respectively ; (5) Whereas the fact was that the aforementioned support in favour of Km. Siddh Vidya was nothing but afterthought and the documents submitted by her of the inmates of the hostel are nothing but procured by Km. Siddh Vidya under her otherwise influence ; (6) Whereas one of the inmates of the Jyoti Kunj Hostel, Ms- Sangeeta Kumari, M.A. (Philosophy) 2nd year, room No. 78, has not supported good behaviour of Km. Siddh Vidya and stated in her letter, which was not asked by the authority, to the fact that as she was suffering from fever she had signed the joint complaints against Km. Siddh Vidya. The change in mind is nothing but an afterthought and also written under the influence of the aforesaid Km. Siddh Vidya ; (7) Whereas Ms. Mitu Sikdar had given her complaint dated 9.12.1999 of the incident on December 9, 1999 to the following effect: "With due respect, I would like to inform you that I am Mitu Sikdar, staying in Jyoti Kunj Hostel room No. 69, was physically assaulted in my room by Siddh Vidya room No. 67 at around 15.30 hours on 9.12.1999. (1) The genesis of the problem was 6-7 days back when asked Siddh Vidya not to wash her utensils in front of my room. It may please be noted that she regularly cooks in her room using a heater. Same may be confirmed from the mess register and hostel attendance register. (2) On my asking her not to wash utensils, she threatened me using the following choicest abuses, ..(VERNACULAR MATTER OMMITED).. She threatened to have me murdered. (3) I reported this to Ms. Shalini room No. 49 whom Admn. Warden madam had asked to control or look into the matter. (4) The same day a phone call for me from somebody who identified himself as Anil Pandey was received by Anupama room No. 62. The message for me was, ..(VERNACULAR MATTER OMMITED).. (5) Today Siddh Vidya came to my room and accused me of stealing her shawl and sweater, which is utterly baseless. She wanted to check my cupboard, which 1 let her do it. (6) After that she closed the door and stood against it, not allowing me to go outside. (7) I started banging the door to get out then she started abusing me physically and hit me on my stomach with her legs and hands. (8) Somehow I escaped and went down and other girls consoled me. I request you to take strict action against her. Even if she has something against me she had no right to come to my room and beat. Sir, I trust that you will look into the matter and restore a peaceful and safe atmosphere in the hostel. Thanking you, Yours sincerely Sd. Mitu Sikdar"
(3.) And now she is writing on her own without being asked by the University a letter dated 13.1.2000 to the following effect : "With due respect, 1 would like to inform that I am Mitu Sikdar, a resident of Jyoti Kunj Hostel. Today, I came to know about the Rustication Order sent to Ms. Siddh Vidya. We were never on bad terms and always good friends. The incident which took place in my room on the 9.12.1999 at around 15.00 hrs. was probably a sudden outburst of anger on her part. I would expect you, with utmost humility to kindly consider her case and let her sit for her M.A. (Final) Examinations. I would be highly obliged with the act of kindness shown by you towards both of us. Thanking you. Yours sincerely, Sd. Mitu Sikdar (M.A.) Final" (8) Whereas it is very clear from both the aforesaid letters that Ms. Mitu Sikdar had not written the letter with a free mind, on the contrary, in her complaint dated 9.12.1999 she requested the University to take strict action against Ms. Siddh Vidya ; (9) Whereas the aforementioned order of the Vice- Chancellor dated January 7, 2000 simply expelled the aforementioned Km. Siddh Vidya from the privileges of this University only. Had she been rusticated from the University, the doors of her entry into other educational institutions would have been completely closed which the University did not do in her case. As such, as lenient approach was adopted in her case : (10) And whereas after carefully going through the appeal of Km. Siddh Vidya dated January 14, 2000 and also the entire matter relating to her case in detail and on merit afresh, there is nothing to establish otherwise than the conclusions already drawn in the earlier orders of the Vice-Chancellor dated January 7, 2000: Now therefore, I, Y. C. Simhadri, Vice-Chancellor, Banaras Hindu University, after careful examination of the appeal of Km. Siddh Vidya dated January 14, 2000 and also the entire matter afresh and on merit, hereby pass order that the earlier orders of the Vice-Chancellor dated 7.1.2000 shall stand and be reiterated. As such, the appeal of Km. Siddh Vidya dated 14.1.2000, having no merit, is disposed of accordingly." Sd. Registrar Banaras Hindu University;