University of Delhi & Ors v. Harpal Singh Sangwan

MANMOHAN, J. October 7, 2010 Nm/dk

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on :13th September, 2010 % Judgment Pronounced on : 7th October, 2010 + LPA No.535/2008 University of Delhi and others …. Appellants Through: Mr.M.J.S. Rupal, Advocate versus Harpal Singh Sangwan ….Respondent Through: Mr.K. Venkatraman, Advocate CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN 1. Whether reporters of the local papers be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ In this intra-Court appeal, the appellant-University (hereafter referred to as "the appellant") has called in question the legal acceptability of the order dated 15th July, 2008 passed by the learned Single Judge in WP(C) No.6512/2007. 2. The facts which have been uncurtained are that the respondent-writ petitioner (hereinafter referred to as "the respondent") was a student of M.A. (Russian) in the Department of Slavonic and Finno Ugrain Studies in the appellant University in 2005-07. He appeared in the final year examination in the said course and at that stage he also appeared in the entrance examination for the Post Graduate course in "Hindi Journalism" for the academic session 2007-08. His result of the MA (Russian) final year examination was declared on 2nd August, 2007. As set forth, the result of the entrance examination for Post Graduate course in Hindi Journalism was published in the first week of August, 2007 and the name of the respondent was initially displayed in the list of successful candidates but the same was substituted by another list which did not reflect his name. At this stage, the respondent received a communication dated 30th July, 2007 whereby the University, in exercise of powers vested under Ordinance XV-B, directed that the respondent be not admitted in any course in the University of Delhi for a period of next five years. Because of the said notification, he was denied the admission to Post Graduate Course in Hindi Journalism. Being dissatisfied with the said communication and action of the University, the respondent invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issue of a writ of certiorari for quashment of the said notification dated 30th July, 2007 issued by the University and further to command the University to extend the benefit of admission in any course and further to consider his candidature for the Post Graduate Course in Hindi Journalism. 3. During the pendency of the writ petition, the University issued a notification on 26th November, 2007 stating that the competent authority had decided to grant post-decisional hearing to the respondent and accordingly constituted a committee consisting of Prof. V.K. Bhasin, Department of Zoology, as the Chairperson and Dr.M. Rahman, Acting Proctor as the Member to look into the complaints against the respondent. The committee was required to submit a report to the Vice- Chancellor within ten days from the date of issue of the notification. The Chairperson of the enquiry committee issued a notice dated 26/28-11-2007 giving an opportunity to the respondent to appear before the committee for hearing on 3rd December, 2007 with regard to his grievance relating to the imposition of punishment under Ordinance XV-B along with the relevant records. He was also afforded an opportunity to present his case before the committee by filing a written statement. The respondent, in pursuance of the said notice, appeared before the committee and the committee put to the respondent four complaints which had formed the basis of the action taken against him. Thereafter, the committee, as asked for by the respondent, supplied the documents and the respondent filed his reply. After the enquiry was over, the Vice-Chancellor, on the basis of the enquiry report, arrived at the conclusion that the response of the respondent was unsatisfactory and unacceptable and there was no