JUDGEMENT
SAMBUDDHA CHAKRABARTI, J. -
(1.) THE petitioner was a student of the Bengal Engineering and
Science University (BESU or University, for short) and he passed
out in the year 2012 after completing his four year Bachelor of
Technology course.
(2.) AN untoward incident took place after the completion of 7th
semester while he was getting himself ready to appear for the final
semester examination. On April 12, 2012, as per the petitioner's
version, a few unruly students of the university got involved in a
scuffle with some outsiders and policemen. As a result some
students were arrested who were subsequently released by the
police upon intervention of the BESU authorities. According to the
petitioner he never participated in the incident. He had merely
witnessed it from a distance. The petitioner subsequently came to
learn that the authorities of the BESU had hastily constituted a
disciplinary committee on April 13, 2012 to investigate into the
matter. A few senior students were asked to give in writing that no
student of the university was involved in the incident which was
perpetrated at the instance of the outsiders. It was given out to the
students that this was necessary for securing the release of the
arrested students of the college and the petitioner also in good
faith had given an undertaking.
The disciplinary committee after conclusion of the enquiry affixed the report on the BESU notice board and the petitioner was
shocked to discover that about 18 students were involved in the
incident, the petitioner being one of them. The disciplinary
committee had suggested a punishment in respect of the petitioner
that permission to appear at the last three papers of the
forthcoming examination might be withdrawn and the petitioner
had been expelled from the university with immediate effect. Other
students also were variously punished.
(3.) THE petitioner alleges that the committee had investigated
into the matter very hastily. He was never afforded any opportunity
to be present before the committee and present his case, neither
the committee revealed the facts on the basis of which they had
come to such a conclusion. He was not given any hearing and
merely made a scapegoat to protect the dignity of the university.
He has expressed his surprise that on the date of the incident six
students were arrested for being involved in the incident but they
were neither named in the alleged report nor were they punished in
any manner.;
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