TARUN AGARWALA, J. - (1.) STUDENTS indulging in arson, defacing and destroying public property has become a fashion in modern times. Taking the law in their own hands has become a status symbol to the students and this mal practice adopted by the students at large needs to be curbed. Any kind of legislation, regulations framed from time to time becomes inadequate in comparison to the brutal lethal student force that is unleashed when things go wrong and violence erupts in the campus on account of an insignificant or a trivial incident. Whatever may be the reason, it does not give any right to the students to take the law into their own hands and destroy public property. Such acts needs to be condemned. A student who indulge in these activities needs to be punished. This is precisely what has happened in the present case in an incident which occurred in the campus of the Aligarh Muslim University in the night of 16.9.2007.
(2.) THE petitioner, is a Post Graduate student in the Aligarh Muslim University, doing a course in Master of Social Work (MSW), was suspended and, after issuing a show cause notice and, providing an opportunity of hearing, was expelled for three academic sessions with a further rider that he would not be given any further admission in any other course in the University. The facts leading to the petitioner's suspension and thereafter his expulsion, which led to the filing of the present writ petition is, that a student of the University was assassinated on the night of 16.9.2007. This news spread like wild fire and, agitated the students and an unlawful assembly of several hundred students gathered outside the JNMC Casualty Ward where the body was kept. It is alleged that the petitioner along with several other students barged into the chamber of the Chief Medical Officer where the Vice Chancellor, Proctor and other authorities and officials of the University along with the police administration were present. A heated argument erupted between the students and the authorities of the University, which eventually transgressed the barriers of decency and discipline. The Vice Chancellor and the other officials had to escape the wrath of the students. It is alleged that the petitioner along with other named students instigated the mob to vandalise and ransack the public property. The mob marched towards the Vice Chancellor lodge and, whatever came in their way, was ransacked and destroyed. The Vice Chancellor's residence was not only ransacked but valuables, including the furniture, fittings, personal belongings of the Vice Chancellor, etc. was destroyed and was put on fire. The Proctor's Office and Provost Office was also ransacked and a similar treatment was also given at these places. On the basis of this incident, a named F.I.R. against the petitioner and 16 other students was lodged. The petitioner along with other named students were suspended by an order dated 24.9.2007. This suspension order indicated the reasons/charges for their suspension. On 7.10.2007, a show cause notice was issued to the petitioner, to show cause, why disciplinary action should not be taken against him under the rules framed by the University. The petitioner submitted a reply dated 10.10.2007 totally denying his involvement in the incident. A notice dated 24.11.2007 was issued directing the petitioner to appear before the Disciplinary Committee. The petitioner alleges that he appeared before the committee and that the committee only asked one question to which he replied and that he had submitted two certificates of the Circle Officer of the Police Station where the F.I.R. was lodged, in which it was indicated that the petitioner was not involved in the destruction of the property of the University, and that, the petitioner, in fact, was helping in maintaining peace amongst the students. Inspite of these certificates being filed, the Disciplinary Committee submitted its recommendation on 9.12.2007 holding that the petitioner admitted his presence outside the Casualty Ward, on the night in question, and that he had admitted going to the canteen after leaving the Casualty Ward. The Disciplinary Committee found that the contention of the petitioner that he went to his room and remained there till sunrise was incorrect and that the petitioner had made contradictory statements and therefore, his statement was unreliable. The Disciplinary Committee also found that the certificate relied upon by the petitioner was unreliable. The Disciplinary Committee, on the basis of the intelligence report, found that the petitioner had gone to various hostels, namely, A.I. Hall, M.M.Hall, V.M. Hall, Habib Hall and mobilised and instigated the students to go to the Vice Chancellor lodge to ransack and vandalise the public property. The intelligence report indicated that the petitioner was seen on the road instigating the students. The Disciplinary Committee, on the basis of this intelligence report found that the petitioner was not involved personally in ransacking the property of the University but was found guilty in mobilising the students and instigating them to vandalise the property of the University. The Disciplinary Committee also took into consideration the past conduct of the petitioner wherein, he was found to be involved in previous acts of arson and destruction of the University property and, taking all these facts into consideration, the disciplinary authority found that the petitioner had misconducted himself and committed acts of indiscipline which amounted to misconduct under Part-II of Rule 4(i), (ii), (iii), (iv) and (vii) of the Aligarh Muslim University Students' Conduct and Discipline Rules, 1985.
(3.) ON the basis of the recommendation given by the Disciplinary Committee, the Vice Chancellor, by its order dated 22.1.2008 expelled the petitioner, from the rolls of the University, for three academic sessions from 2007-08 onwards and, further debarring the petitioner from seeking any admission in any class or course in the University in future. The petitioner, being aggrieved, filed an appeal before the Executive Council under Section 36-B of the Aligarh Muslim University Act. The Executive Council, by its resolution dated 17.1.2008, referred the matter to the Grievance Committee to give an opportunity of a personal hearing to the petitioner which was provided and, thereafter the Grievance Committee submitted its report dated 4.4.2008, which was considered by the Executive Council in its meeting held on 5.7.2008 and, after considering the matter, the Executive Council passed a unanimous resolution affirming the order of expulsion passed by the Vice Chancellor and, consequently dismissing the appeal of the petitioner. The petitioner, being aggrieved by the aforesaid orders, has filed the present writ petition challenging the same on various grounds.;