DILIP GUPTA, J. - (1.) THE petitioner, who was admitted to the Bachelor of Computer Application Course for the session 2008-09 in the Khandelwal College of Management, Science & Technology, Bareilly (hereinafter referred to as the 'College') which is affiliated to the Mahatama Jyotiba Phule Rohilkhand University, Bareilly (hereinafter referred to as the 'University') has filed this petition for a direction upon the respondents to accept the fee for B.CA. II year Course for the session 2009-10 and permit him to continue his studies in the College.
(2.) IT is stated that after having been granted admission to the B.CA. Ist Year Course in the College, the petitioner appeared at the first and second semesters examination of the first year but mark-sheet has not been issued to him. A transfer certificate has, however, been issued to him on 17th September, 2009. It is, therefore, contended that action of the respondent-College in issuing the transfer certificate and expunging the name of the petitioner from the rolls of the College without any prayer having been made by the petitioner is arbitrary and a direction needs to be issued to the College to permit the petitioner to continue his studies in the IInd Year. A counter affidavit has been filed on behalf of the College. In paragraph-7 of the counter affidavit, details of the misconduct and misbehaviour of the petitioner in the College have been enumerated and the same are as follows:- (a) During examination the petitioner misbehaved with the invigilator and the teachers and used filthy language and tried to disturb the examination. The Principal was compelled to inform the police on 28.03.2009 regarding the misconduct of the petitioner. (b) On 20.02.2009, he physically assaulted a student in presence of the other students in the bus of the College. The petitioner was given an opportunity and thereafter on the report of the Proctorial Board, he was placed under suspension on 25.02.2009. (c) On 24.03.2009 he again repeated the same misconduct when he physically assaulted students and after affording opportunity to him he was again placed under suspension on 28.03.2009. (d) On 15.05.2009 as many as 7 Faculty Members made a written complaint to the Director General, Admission Committee that the petitioner had misbehaved with them, disturbed the classes and also passed vulgar remarks against the girls students of the Class. (e) Some of the students also made complaint against the petitioner regarding the harassment of the girls students, violent activities in bus, misbehavior with the faculty members, and clipping of photographs of the girl students by mobile camera. (f) When the College authorities found that the petitioner is not mending his behaviour, his guardian was called on 25.05.2009 for informing him about the various omissions and commissions of the petitioner. (g) In the month of June the petitioner again harassed the girl students which has given rise to insecurity amongst the girl students. The Director General of the Admission, therefore, banned the entry of the petitioner in the College campus. (h) The guardian of the petitioner agreed to shift him to some other College. The College, taking a lenient view so that his career may not be spoilt, issued the character certificate on 17.09.2009. However, the College has information, which it believes to be true, that when he went to take admission in Bareilly College, Bareilly he indulged in altercation at the time of admission itself with the concerned clerk. The said College, therefore, refused to admit him and the College did not forward his application to the University for permission to transfer the student from petitioner's College to the Bareilly College, Bareilly.
(3.) LEARNED counsel for the petitioner submitted that for arbitrary reasons, the College has issued the transfer certificate even though neither the petitioner nor his guardian had not made any request for granting the certificates and as the petitioner had been admitted to the B.CA. Course, the College cannot deny him admission to the IInd year of the course. Learned counsel further submitted that action against the petitioner could have been taken only after affording opportunity to the petitioner but in the instant case, by adopting this method, the College has in fact cancelled his admission to the B.CA. Course.;