- (1.) RAKESH Tiwari, J. Heard the counsel for the parties and perused the record.
(2.) THESE two writ petitions have been filed challenging the orders passed by the Senate Students Affairs Committee, hereinafter called as SSAC and Chairman Senate of the Indian Institute of Technology Kanpur, hereinafter referred as "institute" launching the academic programme of the petitioners by order dated 4-2-2003. The aforesaid order was confirmed by the Chairman Senate of the Institute by order dated 7-8-2003. The Institute imparts education in various engineering course. Petitioners are students of the said institute. The course in the institute is of 10 semesters. Petitioner Rajesh Kumar was admitted in M. Sc. (Intregated) in the year 1989 with Roll No. 98249. The petitioner cleared IX (nine) semesters in first attempt and was studying in final semester. On 30/31 January, 2003 an incident is said to have taken place in which it is alleged that Rajesh Kumar along with his some friends entered the hostel of HBTI in two cars at about 1. 30 a. m. and threatened some inmates there. It is further alleged that some shots were fired in the air by the students of IIT Kanpur which has tarnished the image of the institute. An 'investigation' is said to have made by the SSAC, which recommended termination of academic programme of the petitioner, the Director IIT- Kanpur who is also Chairman of Academic Senate of the institute who passed the impugned order dated 4-2-2003 accepting the recommendation.
(3.) IT is said in the affidavit that SSAC is a committee which comprises not only of the Dean of Student Affairs but has come students and warden of students hall. The counsel for the petitioners submits that neither any charge-sheet nor any Articles of charges were served on the petitioners at any point of time either by SSAC or by the Chairman Senate of the Institute before taking action. It is alleged that the petitioners were called by the SSAC to appear before it on 3rd February, 2003. The Committee recorded the statement of some students including the petitioners, alleged to be connected with this incident of 3-2-2003 at HBTI. Statement of any person was not taken in their presence. All the persons were called one by one. The petitioners were not allowed to cross- examine nor were called to give their defence. They were not given any opportunity of hearing. The committee submitted its report of investigation recommending that the petitioners be expelled from the institute. The report of the committee is Annexure CA-2 to the counter affidavit.;