W.P.No.16281/2010
Quazi Bahabuddin Dr.Hari Singh Gour and Ors.
9.3.2011
Shri Ajay Mishra, the learned Senior Advocate with Shri Khalid
Noor Fakhruddin, counsel for the petitioner.
Shri Shobha Menon, the learned Senior Advocate with Shri
Rahul Choubey, Counsel for respondents.
The petitioner has sought following reliefs:
“(I) To quash impugned order Annex.P/1 dated
23.09.2010 in which petitioner is at Sl.No.3.
(ii) To hold that action of respondents 1,2 and 3 against
petitioner is arbitrary, unjust, mala fide and against the law.
(iii) That punishment given for misconduct be set
aside/quashed as it is very excessive also.
(iv) That, petitioner be permitted to complete his MCA
and appear in examinations.
(v) That, special exams be taken of petitioner as next III
semester is started by respondents.
(vi) That, expenses of litigation and damage not less
than 25 lakhs be given to petitioner for spoiling his career
and putting stigma on him.
(vii) That, action be taken against respondents for illegal
acts; an enquiry be conducted against respondents.
(viii) Hon’ble Court may kindly grant any other relief in
favour of petitioner which it seems fit and proper as per the
facts and circumstances of the case together cost of the
petition.”
The petitioner has challenged order Annexure P/1 dated
23.9.2010 by which the petitioner’s examination of MCA 2nd Semester
of 2009-10 was cancelled and the petitioner was debarred for three
years to appear in all the examinations conducted by the University;
and also he was made ineligible to appear in any examination of the
University for next three years.
The return has been filed in the case.
The learned counsel for the petitioner at the outset submitted
that the petitioner’s appeal (Annexure P/5) is pending before the Vice-
Chancellor of the respondent-University and the petitioner be
permitted to withdraw this petition and to press his appeal before the
Vice Chancellor. Though it is stated by the respondents that this
petition was attested by the Notary on 22nd October, 2010 while the
appeal Annexure P/5 was filed on 23.10.2010 and filing of the
W.P.No.16281/2010
Quazi Bahabuddin Dr.Hari Singh Gour and Ors.
aforesaid appeal itself is in doubt, but the fact is not disputed that
against the order Annexure P/1, an appeal is provided to the Vice-
Chancellor of the University.
In view of the aforesaid, prayer made by the petitioner is
allowed and the petitioner is permitted to withdraw this petition with
liberty to press appeal (Annexure P/5) before the Vice-Chancellor of
the respondents-University.
On filing an application for early hearing of the aforesaid appeal
(Annexure P/5), the Vice-Chancellor shall consider and decide the
aforesaid appeal expeditiously.
At this stage, it is submitted by the petitioner that some more
grounds are available to the petitioner for assailing the order
Annexure P/1. So within a week from today, the petitioner be
permitted to submit some more grounds before the Vice-Chancellor in
continuation to earlier appeal Annexure P/5.
The aforesaid prayer is opposed by Smt. Shobha Menon, the
learned Senior Advocate for the respondents, but in view of the
aforesaid, prayer made by the petitioner is allowed.
Certified copy as per Rules.
(Krishn Kumar Lahoti) (Smt.Sushma Shrivastava)
Judge Judge
JLL