ASHWINI KUMAR Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This writ petition is filed by four petitioners who are students of University of Delhi. They are research scholars doing research in different fields in the departments under Delhi University. Petitioner No. 1 is doing his Ph.D in Buddhist Studies. Petitioner No, 2 is doing his LL.M. Petitioner No. 3 is doing his Ph.D in African Studies and the ^petitioner No.4 is a student of M.Phil with the Department of Botany. They were provided accommodation in Jubilee Hall and were occupying room Nos. 130,192, l71 and 38 respectively in the said hostel.

(2.) Jubilee Hall is a hostel for post-graduate students and is run under the overall supervision of the respondent No. 1 through the Provost. The Resident Tutor and the Warden are the three principal officers appointed in this regard for the smooth conduct of the affairs of Jubilee Hall. The scheme for the management of the affairs of Jubilee Hall provides for the participationof the residents/students of Jubilee Hall, There is a students union for Jubilee Hall with a constitution for said Union. Amongst other provisions of the said Constitution, Article 4(c) provides for the running of the Hall messona cooperative, noprofit noloss' basis to be organised under the general supervision of the Warden of the Hall Article 7 of the said Constitution lays down that the Executive Committee of the Union shall be elected consisting of a President, Vice-President General Secretary, Cultural Secretary and a Sports Secretary. Article 8 provides for a duly elected "Committee of Mess Coordinators" of the Hall consisting of 12 members and for appointment of a Mess Coordinator for one month on rotation basis. The Mess Coordinator in turn is empowered to choose persons from amongst other membersof the Union and form a committee to run the affairs of the Mess during his term of one month. Rule 11,5.1 of the hand book of information and rules of the hall provide that the operation of the mess (menus, purchases and monthly accounts) will be normally performed through the mess coordinator. Ryle 11.5.2. provides that the mess coordinator will look after the mess operations for one full month Rule 11.5.3 provides mat the weekly menu and the cost of items at the current rate shall be determined by the mess coordinator. Rule 11.5.4 provides that in no case the officers of the hostel or hostel office will manage the mess on day-to-day basis. Rule 15 provides that the hall administration will be available for consultation during fixed hour to be notified from time-to-time but further provides that in case of emergencies, residents are advised to get in touch with the hall administration.

(3.) Respondent No. 2 is a Professor in service under the respondent No. 1 and at present he is the Provost of Jubilee Hall which charge he assumed on 30.4.2002. Before that he was the warden of Jubilee Hall. Petitioner No. 2 was Mess Secretary of Jubilee Hall for the month of February; 2002 and his term came to an end on 28.2.2002. Next Mess Secretary was to be appointed for the month of March, 2002. Applications for this purpose were received. The petitioner Nos. 1 and 4 made joint application. However, according to the petitioners, no appointment was made for the month of March, 2002. Residents of Jubilee Hall on this alleged inaction on the part of respondent No. 2 felt agitated and approached the then Provost by meeting him around 9p.m. in the night of 5.3.2002 and submitted a written representation. The Provost noted on that representation that they should approach the Warden. These residents of Jubilee Hall thus went to the residence of the Warden on same day around 10.30 p.m. It appears that these residents including petitioners held demonstration at the residence of the Warden and shouted slogans. According to the respondent No. 2 these students had come to his residence at about 11.30 p.m. and remained there for about three hours The respondent No. 2 accordingly made a complaint dated 7.3.2002 against the petitioners to the Managing Committee of the Jubilee Hall. After consideration of this complaint by the Managing Committee in its meeting held on 11.3.2002, members of the Committee comprising Prof. Rajiv Khanna (Convener) and Proctor or his nominee, was constituted to investigate into the incident of said breach of peace and advice on actions to be taken. The Proctor nominated Prof. Gurmeet Singh, Joint Proctor to be the second member of the Committee. . .