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Mahesh Kumar Shukla vs Principal, Ambika Pratap Narain ...

High Court Of Judicature at Allahabad|21 April, 1995

JUDGMENT / ORDER

ORDER
1. The petitioner has filed this writ petition challenging the order passed by the Principal of A.P.N. Degree College Basti. By the said order, the petitioner has been expelled from the said Degree College with immediate effect forever. The petitioner is said to have entered into the office of the Principal on 9-2-95, misbehaved with him, abused him and manhandled him, tore certain receipts and papers in his office. He was charged for indiscipline and for committing criminal act of misbehaviour, assault etc. A show cause notice was given after receiving the explanation submitted by the petitioner. The Principal was satisfied that the charges levelled against him were duly established and the explanation furnished was not acceptable and beyond the truth. After considering these facts, the order impugned was passed.
2. The petitioner has approached this Court and the learned counsel for the petitioner urged that examination of L.L.B. part I is likely to commence next Monday. He submits that the Principal himself was the complainant and he himself has decided the matter of expelling the petitioner from the institution forever. He submits that this violates the settled norms and principle of law that a person cannot be a Judge of his own cause. Whatever be the fact, this is a highly deplorable conditions these days prevailing in the educational institutions. If a student misbehaved and commits such acts of assault on the Principal of the Institution, where he is a student, no outsider or any other authority would be called to adjudicate and decide the act of indiscipline, misbehaviour, assault by student of the college. The petitioner has been properly dealt with and the order simply expelling from the Institution forever cannot be said to be very excessive or deterrent. The petitioner may go to other Institution and join there, if so permitted. The other remedy available to the petitioner is under Sec. 68 of the U. P. State Universities Act. If the petitioner so advised, he may take recourse of that remedy. This Court is not inclined to interfere with the order.
3. The writ petition is dismissed summarily.
4. Petition dismissed.
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Title

Mahesh Kumar Shukla vs Principal, Ambika Pratap Narain ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 April, 1995
Judges
  • N Ganguly