Tapen Sen, J. - (1.) IN this Writ Petition 12 Petitioners pray for the issuance of a Writ of Mandamus commanding upon the Respondents and in particular, the appropriate authority of the West Bengal University of Technology, to withdraw the decision taken by the Board of Discipline on 6.10.2010. They have also prayed that they be promoted provisionally to the second year as students of the Siliguri INstitute of Technology and be allowed to appear in the 2nd Year First Semester examinations.
(2.) THE Petitioners have stated that they are all students of the Siliguri Institute of Technology. THEy took admission in the College to pursue further education in the fulltime two years? course of MBA for the Academic Year 2009-2011. At present, they are all students of MBA first year under the said Siliguri Institute of Technology (Respondent No. 8). The Petitioners prepared themselves for appearing in the second semester examinations and appeared in the said examinations in June, 2010. On 9.6.2010, the second semester examination of the MBA first year students was scheduled at the second half of the day and the final year examination of the BBA students was scheduled in the first half of the day. The Petitioners were all issued admit cards. However, on 9.6.2010 there was a disorder in the first half of the BBA Final year examinations amongst the students which continued till the second half of the day and as a consequence, of the said commotion the same affected the MBA students. As a result, the Petitioners, along with other MBA students, were restrained by the BBA students from entering into the campus and they were also restrained from appearing in the first year second semester examination. After a few altercations between the students, the examinations ultimately started but the BBA external students forcibly entered into the hall and started disturbing the female students by snatching away their answer-scripts and also resorted to other acts of indiscipline. The appearing male students of MBA first year protested against the frisking of female students by male students but ultimately the matter ended peacefully with the intervention of the local police and the District Magistrate, Siliguri.
(3.) AFTER completion of the examinations, all the MBA first year students including the Petitioners went to the summer training for two months but during the said training, they were informed over telephone that they should be present in the premises of the West Bengal University of Technology at Kolkata on 6.8.2010. All the students presented themselves at the campus when they were informed about their punishment i.e. cancellation of the entire examination of the second semester. This, according to the Petitioners, would mean lapse of one year and/or being ineligible for promotion to the second year due to what happened on 9.6.2010 as stated above. According to them, they are not in any way connected with whatever happened but they have been punished without giving any opportunity of hearing. The Petitioners have stated that subsequently by Memo dated 10.10.2010, the University informed the Principal/Director, Siliguri Institute of Technology about the decision taken by the Board of Discipline on 6.8.2010 and requested him to inform the students accordingly. Thereafter, Grade Cards of first year second semester examinations were issued declaring the Petitioners ineligible for promotion to the second year.;