Amiya Kumar Mookerji, J. - (1.) This Rule is directed against an order of the Principal, Sarojini Naidu College for When dated 15-11- 6 striking out the names of the petitioners from the college rolls with effect from the date when the said order was passed.
(2.) The petitioner No 1 Sm. Aruna Dey was a student of Third Year Science, Degree Course, Srn. Sephali Mukherjee, the petitioner No. 2 was a student of Special Honours and Sm Pampa Biswas, the petitioner No 3 was a student of Third Year Arts of the said college On 29th of October, 1976 a circular was issued by the principal of the college to the effect that it would not be possible for the college to accommodate the casual students who passed the P. U. Examination, in the First Year B. A. Class. After the said circular was issued, the casual students led by the petitioners as well as the other members of the executive committee of the college students' union started agitation and demonstration inside the college premises. The petitioner No. 1, the general secretary of the students union played a leading roll in the said agitation On the 1st of November, 1976 a meeting of the governing body of the college was held wherein the members of the college approved the circular dated 29-10-1976. On the 2nd November, 1976 the said decision of the Governing Body was made known to the petitioners but they along with other students raised a hue and cry, squatted inside the college office and prevented the regular students to be admitted in the first year class and to pay their fees. Thereafter on 3rd November, 1976 the Principal called a meeting of the members of the teaching staff of the college which was attended to by most of the senior lecturers The members of the staff tried to persuade the representatives of the students' union including the petitioner No. 1 to refrain from calling the strike of the students but such persuasion was of no effect on them and particularly the petitioner No. 1 left the staff room saying that she and others were determined to carry on their programme of action. The petitioner along with other students started the said strike with effect from 4th of November, 1976 and picketed at the college gates preventing the students from entering into the college. Thereafter the Principal arranged a meeting of the members of the teaching staff on the 10th of November, 1976 which the petitioner No. 1 along with other students who participated in the strike were requested to attend. The members of the staff asked them to desist from such activities. On the 11th of November, 1976 a staff meeting was held requesting the governing body to intervene in the matter. Sm. Shanti Acharyya, a senior member of the teaching staff who was in charge of the students activities of the college met petitioner No. 1 and the petitioner No. 3 and other students on the 9th and 12th of November, 1976 and tried to dissuade them from continuing the strike but failed In the interest of the students concerned the principal drew the attention of the respective guardians to the activities of the petitioners by letter dated 10th of November, 1976 so that a timely intervention on their part would save the situation. The Governing Body of the college in its meeting held on 13th November, 1976 unanimously authorised the Principal to take all necessary steps including forced transfer of the in disciplined students and police help to bring back normal condition to the college with immediate effect. Thereafter the impugned notices were issued on the 15th November, 1976 striking out the names of the petitioners from the college rolls and requesting them to take transfer certificate from the college, if they so desire.
(3.) In the affidavit in-opposition affirmed by Sm Bina Dasgupta, the Principal of the college it is stated that five of such notices were withdrawn by her on the basis of assurance and undertaking given by the guardians of the students concerned to the effect that their wards would not, in future, indulge in any such activities of indiscipline and the remaining one having not to be admitted in the college.;