K.C.AGARWAL,J. - (1.) THIS petition filed under Art.226 of the Constitution challenges the order of the Vice -Chancellor, Aligarh Muslim University, Aligarh dated Aug. 7, 1981. The relevant portion of the said order is extracted below: "On the recommendation of the Disciplinary Committee, the following students are expelled with immediate effect for the periods specified against each for the acts of indiscipline committed by them: Name Period for which expelled 1. Mr. Irfanullan Khan, Student of M. Lib. Science, M. M. Hall Five Years 2. Mr. Saleem Ahmad Khan Peerzada alias Lovy, Student of B. Sc. Enggd. 1st Yr. N.R.S. Hall, AMU Five Years."
(2.) THE petitioner was a student of B. Sc. Engg. having been admitted in the year 1974. He was studying in IV year of B.Sc. Engg. in the year l981. The petitioner was served with a show cause notice dated 18th July, 1981 by the Vice -Chancellor of the Aligarh Muslim University, Aliagarh. This notice stated that the petitioner was guilty of having incited the students to violence. The relevant portion of the notice for knowing the charges levelled against the petitioner is being quoted below : - "It has been brought to my notice that you Mr. Saleem Ahmad Khan Peerzada alias Lovy incited the students to violence between April 17 -May 12, 1981 particularly on 17/4,24/4,7/5,11/5 and 12/5 -1981, disturbed the E.C. meeting on 17 -4 -1981, raided the Vice -Chancellors residence with a group of students on the night of May 1981, forcibly prevented the students from attending classes on 5 -5 -1981 and subsequent days, forcibly prevented the employees from attending offices on 19/5, 20/5, and 21/5 -1981, used abusive language against the Vice -Chancellor, Pro -Vice -Chancellor and other functionaries of the University on the microphone (PAS) for more than two weeks, were one of the signatories on an objectionable and indecent pamphlet (Utho Vagarana Hashr.........) inciting the students to violence and organised the raid by school children and other students on Vice -Chancellors lodge on 7 -5 -1981 when the Vice -Chancellors residence was badly damaged by brickbatting and the T.V. Camera was stolen." He was called upon to submit his reply within 48 hours of its receipt. On 22nd July, 1981, the petitioner wrote a letter to the Vice -Chancellor requesting him to supply the copies of the reports mentioned in the charge -sheet. The petitioner also made a prayer for postponement of the case. He asked for 15 days time for submitting the explanation. On 30th July, 1981, the petitioner was sent a reply by the University. Along with this letter, some of the copies were sent to the petitioner. He was asked to appear before the Disciplinary Committee on the 5th of Aug. 1981. The remaining papers were sent to the petitioner on 4th Aug., 1981. On 5th Aug., 1981 the petitioner accepted that he had received the papers demanded by him, but he showed his inability to submit the reply on the 5th of Aug. 1981. He made a request for a weeks time being given to him for submitting it. This application was given at 4.00 P.M. on the 5th of Aug. 1981 to the Committee, when the case of the petitioner was being considered. The Committee did not adjourn the hearing and expelled for five years. This was communicated to him by the letter dated Aug. 7, 1981, the relevant portion of which has already been quoted above.
(3.) THE petitioner has challenged the validity of the aforesaid order of the Vice -Chancellor. The first ground was that the petitioner was entitled to the adjournment being granted to him on 5th Aug. 1981 and since the refusal to adjourn the case has resulted in depriving the petitioner of his valuable right to defend himself, the impugned order of the Vice -Chancellor is invalid.;