G.S. Sandhawalia, J. - (1.) CHALLENGE in the present writ petition is to the order dated 3.9.2013 (Annexure P/11) whereby name of the petitioner was struck off from the rolls of the respondent -Institute and she was advised to vacate the hostel with immediate effect. Challenge is also laid to the order dated 5.9.2013 (Annexure P/12) whereby she was asked to vacate the hostel within seven days of the issuance of the said letter i.e. by 10.9.2013.
(2.) THE petitioner who was a student of Ph.D. programme at N.I.T. Jalandhar belongs to Madhya Pradesh and had applied to respondent no. 2 for the registration to Ph.D. Programme which started on 26.7.2012 through an advertisement on the internet. When this writ petition came up for hearing after completion of pleadings, the following order was passed on 4.7.2014: - The petitioner was pursuing her Ph.D. Programme at NIT Jalandhar with respondents No. 2 and 3 Institution and belongs to Madhya Pardesh and has challenged the order dated 03.09.2013 wherein her name has been struck off the roll of the institute and she was asked to vacate the hostel. The case of the petitioner is that they were acts of sexual harassment and the allegation was against respondent No. 4 who is the faculty member. That the matter was looked into by the In House Committee of the Institute but it was not headed by a woman as is mandatory in view of judgment of the Apex Court in Visakha and others Vs. State of Rajasthan, : AIR 1997 SC 3011. The counsel for the respondent has, however, pointed out that there were woman representatives in the Committee. This Court is of the considered opinion that in such circumstances, the petitioner would not be able to pursue her course in the same institute as she would continue facing hostile discrimination in any case. In such circumstances, it would be appropriate for respondent No. 1 to ensure that she is able to pursue and complete her study in any other institute other than respondent No. 2. Accordingly, let necessary affidavit be filed regarding suggestion pertaining to the migration/transfer of admission. Needful be done before the next date of hearing as the session is to start afresh now. Adjourned to 31.07.2014. Copy of this order be given dasti under the signature of the Special Secretary of this Court to the counsel for Union of India". Counsel for the respondents has filed an affidavit of the Registrar of the respondent no. 2 -Institute wherein it has been deposed that the Director of NIT, Bhopal had been contacted and he had showed his willingness to take the petitioner in N.I.T., Bhopal. A letter had also been sent on 17.7.2014 to the said Institute at Bhopal. The petitioner who is present in Court in person along with her legal aid counsel has agreed to observations which had been made by this Court on 4.7.2014 and is willing to put the curtain down on the controversy so that her academic career can continue uninterrupted.
(3.) COUNSEL for the respondents has assured this Court that in pursuance of the communication addressed by the respondent no. 2 -institute to the Director, N.I.T., Bhopal the petitioner would be adjusted at N.I.T., Bhopal and she would be able to continue her course there.;