K.N. Seth, J. - (1.) The above noted writ petitions have been filed by the Aligarh Muslim University for quashing the proceedings in suit No. 437 and suit No. 438 of 1972 of the court of Munsif Koil, Aligarh, and for a direction to opposite party No. 1 not to proceed with the aforesaid suits. A common question of law arises in both the petitions and they can be conveniently disposed of by a common judgment.
(2.) Anil Kumar was admitted to 1st year M.B.B.S. class of the University in the academic session 1972-73. He made a written report to the Dean Faculty of Medicine alleging that Wasi Ahmad Farooqi and Zafrul Islam, who were students of B.U.M.S. of the University, made indecent assault on him in room No. 36 of the Mumtaj Hostel in the night of 19th August, 1972. An enquiry into the incident was conducted by the warden of the Mumtaj Hostel. He recorded the statement oil Wasi Ahmed Farooqi and Zafrul Islam. The Proctor of the University also made a report of the incident to the Registrar with a request to place the matter before the Committee of Discipline. The Committee of Discipline in its meeting held on 22-8-1972 resolved to serve a notice on Wasi Ahmad and Zafrul Islam (Opposite Parties No. 2) asking them to show cause why their names be not removed from the rolls of the University and why they should not be debarred from taking admission in the University and its maintained institutions in future. The Committee authorised the Registrar to serve the show cause notices on opposite parties Nos. 2. The Registrar served the show cause notices. A copy of the minutes of the meeting of the Committee of Discipline was appended to the notices. Opposite parties No. 21 made applications praying for one months' time to prepare their defence and file a reply to the charges levelled 3 against them. The Committee granted an extention upto 11-9-1972. It further resolved that if no explanation was received by the said date and the opposite parties No. 2 failed to appear before the Committee, ex parte orders would be passed. Opposite parties No. 2 again requested the Registrar on 11-9-1972 for further time on the ground that copies of statements of witnesses sought to be examined against them had not been supplied. The Committee of Discipline again met on 12-9-1972. Wasi Ahmad Farooqi and Zafrul Islam had neither filed any explanations nor they were present before the Committee. Anil Kumar was present for cross-examination on the said date. The Committee of Discipline passed a resolution removing the name of the name of the aforesaid two students from the rolls of the University and directing that they should not be admitted in the University and the institutions maintained by it until 16-7-1974.
(3.) Wasi Ahmad and Zafrul Islam filed suit Nos. 437 and 438 of 1972 in the court of Munsif Koil, Aligarh, for a declaration that the resolution of the Committee of Discipline dated 12-9-1972 was void. They further prayed for an injunction against the defendants restraining them for giving effect to the said resolution. Applications for an interim injunction were also made. The defendants filed objections to the said applications and after hearing the parties the learned Munsif issued an injunction by his order dated 27-10-1972 restraining the defendants from giving effect to the impugned order dated 12-9-1972. It was further directed that the plaintiffs shall be allowed to be treated alike in every respect with the other regular students provided the plaintiffs abide by the law and the directions of the authorities concerned. Thereafter the present petitions were filed by the University for the reliefs mentioned earlier.;