Delhi High Court High Court

Pranshu S. Raghuvansh vs Indraprastha Institute Of … on 12 May, 2009

Delhi High Court
Pranshu S. Raghuvansh vs Indraprastha Institute Of … on 12 May, 2009
Author: Ajit Prakash Shah
*             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