Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner, who is a student pursuing M.D. Course in Anesthesiology in the respondent University and has also been working therein as Junior Resident Doctor. In terms of the resident scheme formulated by the Central Government, Department of Health. This writ petition has filed praying for a writ in the nature of certiorari quashing the impugned order dated 12.4.2017 expelling the petitioner from the University with a prayer for issuance of a mandamus commanding the respondent Nos. 1 to 3 to permit the petitioner to appear in the final examination of M.D. as per the scheduled time table and to open the room of the petitioner in Sushrut Hostel and permit the petitioner to access all facilities in the hostel till completion of his M.D. (Anesthesia) Course. A further prayer has been made for issuance of a mandamus to the respondent Nos. 1 and 2 to take disciplinary action against private respondent No.5, who committed assault on the petitioner and further to direct the respondent No.2 to lodge the First Information Report against the respondent Nos.5,6 and 7.
(2.) The grounds for claiming the reliefs as aforesaid have been mentioned in the writ petition to the effect that the petitioner is a brilliant student and has completed his Thesis and has submitted the same in the Department of Anesthesiology in October, 2016. He being the President of Resident Doctors Association has been raising students' issues with the Administration of the respondent University (hereinafter referred to as BHU). As a result of which, he became an eyesore with the Administration of the BHU and its teaching faculty. In the writ petition it has been stated that the petitioner made a complaint regarding the nursing staff of the Trauma Centre behaving in an unruly manner on 27.8.2016 as a result of which Dr. Dhiraj Kishore, who is the Warden incharge of Sushruta Hostel got annoyed as he is partial to one of the nursing staff and called him on 31.8.2016 to his chamber. Dr. Dhiraj Kishore assaulted the petitioner in his chamber on 31.8.2016. The petitioner suffered injuries and the scaphoid bone of right wrist was fractured.
(3.) However, Dr. Dhiraj Kishore made a complaint that the petitioner had assaulted him. This complaint from Dr. Dhiraj Kishore dated 1.9.2016 was completely false and fabricated. Later on, a complaint was made by Dr. Jai Prakash, Assistant Professor in the Institute of Environmental Science that the petitioner had misbehaved with him and his pregnant wife in Gynaecology Ward and that Dr. Jai Prakash, in fact, had assaulted the petitioner and abused him in a loud voice. It is the case of the petitioner that both these complaints were referred to a Committee of Doctors headed by Professor S.K. Gupta on 28.09.2016, who himself was facing charges of atrocities against the Reserved Category students on a complaint being made to the National Commission of Schedule Castes by one Dr. Sanjay Kumar Saroj on 18.9.2016. In pursuance of letter sent by National Commission for Schedule Castes a Committee had been constituted by the Registrar, BHU on 15.10.2016 to look into the allegations of mis-conduct by Professor S.K. Gupta (arrayed as respondent No.4 in person).;