* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 207/2009 & C.M. Nos. 6690-92/2009
PRANSHU S. RAGHUVANSH ..... Appellant
Through: Mr. Navin Chawla and
Mr. Vikram Singh, Advocates.
versus
INDRAPRASTHA INSTITUTE OF INFORMATION TECHNOLOGY
..... Respondent
Through: Mr. V.K. Tandon, Advocate.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL
ORDER
% 12.05.2009
1. The present appeal is directed against the order of the learned
Single Judge dated 1st May, 2009. Briefly stated the facts of the case
are as follows:-
2. The appellant (original petitioner in the writ petition), a student
of the respondent Institute, was expelled from the Institute on the
ground that he and two others were involved in breaking open the
Principal’s room and downloading the question paper from the
Computer. The appellant admitted his presence along with two
others, however, his case is that he was not a party to the illegal act
and had, in fact, tried to stop the other two students from committing
the said act.
3. The learned Single Judge was of the view that at this stage, it
LPA No.207/2009 Page 1 of 3
would not be appropriate to permit the appellant to appear in the
examination and stay operation of the expulsion order dated 28th
April, 2009, and thus, interim relief was declined and only notice was
issued in the petition filed by the appellant. The present appeal has
been filed against this order. It is the contention of the appellant that
even bare minimum principles of natural justice have not been
complied with and the appellant has not been given any show-cause
notice or hearing before passing of the expulsion order.
4. During the course of hearing, both the parties fairly agreed to
the disposal of the petition with the direction that the Senate of the
respondent Institute would give show-cause notice to the appellant
and thereafter, after hearing the appellant and considering his
representation pass a reasoned order in the matter. Accordingly, we
direct the respondent Institute to give a show-cause notice to the
appellant setting out the charges against him within one week from
today. It would be open to the appellant to file his reply within one
week thereafter. The matter would thereafter be considered by the
Senate and after giving a hearing to the appellant, the Senate will
pass a reasoned speaking order within a period of two weeks
thereafter. In view of the same, the expulsion order passed against
the appellant is set aside. However, it is clarified that the setting
aside of the expulsion order is not an expression on the merit of the
matter. The respondent Institute is entitled to take a decision in the
matter in accordance with law.
LPA No.207/2009 Page 2 of 3
5. With these observations, the Writ Petition (Civil) No. 8680 of
2009 and the present appeal, both stand disposed of. All pending
applications stand disposed of as well.
6. A copy of this order be given dasti to learned counsel for the
parties.
CHIEF JUSTICE
NEERAJ KISHAN KAUL, J.
MAY 12, 2009
sb
LPA No.207/2009 Page 3 of 3