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Allahabad High Court judgement dated 14.12.2010 quashing the order to issue Migration Certificate and impose campus ban on Md Adil Hossain, MA Mass Communication..AMU
Allahabad High Court judgement dated 14.12.2010 quashing the order to issue Migration Certificate and impose campus ban on Md Adil Hossain, MA Mass Communication..AMU
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Allahabad High Court judgement dated 14.12.2010 quashing the order to issue Migration Certificate and impose campus ban on Md Adil Hossain, MA Mass Communication..AMU
Авторское право:
Attribution Non-Commercial (BY-NC)
Доступные форматы
Скачайте в формате PDF, TXT или читайте онлайн в Scribd
Md. Adil Hossain Vs. Vice Chancellor A.M.U. Aligarh & Ors.
*****
Hon'ble A.P. Sahi,J.
The petitioner Md. Adil Hossain, a native of the province of
West Bengal and a student of the Aligarh Muslim University, who was pursuing a Post Graduate Course in Mass Communication, has been called upon by the University through the impugned orders of punishment to remain out of bounds of the University and has been handed down a Migration Certificate, as a result whereof, the career of the petitioner as a student of the University has been finally terminated. The appeal filed by the petitioner before the Executive Council of the University has also been dismissed. Hence, this petition.
There is no dispute between the parties that the disciplinary
proceedings relating to a student are governed by the rules framed by the Academic Council known as the Aligarh Muslim University Students' Conduct and Discipline Rules, 1985. The acts of indiscipline are defined under Rule (4).
A perusal of the proceedings that were initiated against the
petitioner are reflected in the Office Memo dated 3rd of June, 2010 which demonstrate that the charge against the petitioner is of rumour mongering, befooling people, defaming the University and depicting the entire institutional set up in a very poor estimation. This the petitioner did by sticking up articles on the Aligarh Muslim University Network through different Websites and allegations levelling against the University and its Authorities that amounted to canard spreading. 2
It is further alleged in the Office Memo that this was done
with an ulterior motive to defame the said authorities and arouse disharmony and disturbance in order to create ill-will against the University administration. This was described, by the University while charging the petitioner, as punishable under Part-II 4 (iii), (vii), (xv), (xxiii) of the Rule, 1985 aforesaid.
The petitioner was accordingly placed under suspension
pending detailed enquiry. The suspension was followed by a charge sheet whereafter the petitioner prayed for an opportunity by providing him full and complete information in order to set up his defence and also sent letters indicating that none of the allegations are true in the sense that the petitioner never intended to stand up against the University. Rather he simply attempted to expose the unwarranted and illegal acts of the University. He, however, repeated his demand for supply of evidence, inasmuch as, the petitioner was not having any knowledge of the material which formed the basis of the allegations under the aforesaid rules.
The petitioner submits that the entire procedure has been
carried out in violation of principles of natural justice without providing him any evidence in order to rebut the charges and further, that the University as a matter of fact did not hold any enquiry, did not examine the witnesses who had made the allegations against the petitioner and the articles allegedly published or exhibited on the websites, did not amount to any acts of indiscipline or misconduct. The impugned order of punishment dated 14th July, 2010 as well as the appellate order dated 1st of September 2010 both suffer from the same infirmities and deserve to be set aside. 3
An additional allegation has been made which was not
mentioned in the charge sheet or the Office memo to reject the appeal namely the Articles dated 13.9.2010 and 1.9.2010 that were reflected in the Press statement of Hindi Daily Jagran published on 21st of September 2010. This was taken to be an additional factor so as to impose the punishment of banishment on the petitioner and which the Executive Council found to be necessary in the background of the charges.
The University has filed a counter affidavit and has come up
with a defence that the petitioner's irresponsible behaviour was continuing since long and his past conduct had brought about a suspension in the year 2009 which came to be revoked on 2nd of December, 2009, upon an undertaking having been given by the petitioner to improve upon his behaviour and not reflect any act of indiscipline in future. The University contends that this undertaking has been violated by the petitioner and the allegations having been found to be true. The same was meted out with the punishments of issuance of Migration Certificate and placing him out of bounds of the University. The University has also taken a stand that the petitioner has nowhere denied the allegations made against him and has all the time tried to avoid giving an effective reply which clearly reflects that he has virtually admitted the allegations made against him, and after giving full opportunity to the petitioner the orders of punishment have been passed. The petitioner was provided with every material and his own acts as indicated in the websites leave no room for doubt that the petitioner created hindrance in the administrative working of the University including restoration of electric work and further observed 'dharna' and actively participated in staging demonstration that led to the closure of the University.
In essence the allegation made against the petitioner was
4
that he physically and actively carried out a tirade against the
University and his inflammatory speeches led to the malfunctioning of the University.
Smt. Sunita Agarwal, learned counsel for the University
submits that the petitioner was previously given an opportunity to improve his conduct and he gave an undertaking to that effect but he has again violated the same, hence, the punishment meted out to him is absolutely proportionate and should not be interfered with by this Court.
Having heard the petitioner in person at length and Smt.
Sunita Agarwal for the University, it is evident that the petitioner repeatedly kept asking for the evidence other than what was indicated as a material in the websites to enable him to set up his defence. This included the information received by the University from its authorities and the informants who allegedly gave information about the acts of dharna and demonstration by the petitioner. The source of such information and the allegation particularly with regard to the incident at the Railway Station or the blocking of restoration of electricity work and such other allegations was also demanded.
The petitioner had made this request in writing which is on
record. These requests remained unattended to and the petitioner was not provided either the names or the source of information or any such material that was necessary to prove the charge relating to the allegations contained against the petitioner. It is further indicated that the Proctor himself was the complainant and the petitioner did raise these objections but the reply received to the petitioner was that the petitioner is adopting a recalcitrant attitude and he was directed to appear in person again before the disciplinary committee. The petitioner also informed the Vice 5
Chancellor that in spite of his intervention the evidence has not
been provided and that was repeated in the letters dated 13th July, 2010 and 7th July, 2010.
The Enquiry Report was submitted and the petitioner was
informed that he has transgressed his rights of freedom of speech as guaranteed under Article 19(1)(a) of the Constitution of India and further he had been given full opportunity to defend himself.
The petitioner under the Right to Information Act obtained
information through Dr. Tariq Islam dated 2nd August, 2010 which states as follows:
“Dr. Tariq Islam
General Secretary R.T.I. Group Dil Kusha, Zohra Bagh Aligarh.
Please refer to your application received vide R.No.
253/Proc. dated 07.7.2010 seeking information under RTI Act.
The desired information as per this office available record
are as under:-
Q.No. Question Reply
1 Certified copy of the list of No list of such disgruntled the mentioned disgruntled and sick minded peoples is and sick minded people who available in this office do not want to see peace, record. progress and prosperity in and around the campus in whose hands the said Mr. Md. Adil Hossain is playing. 2 The facts and reasons for No question arise to take not taking action against the any action without having mentioned people. any information against any person. 3 The jurisdiction of the No record is available in this University to be worried office about the worry of the 6
about the “around the University at around the
campus”, which obviously is campus, however, the the purview of the civil instant question has been administration. transferred to the CPIO Property Office to provide University jurisdiction. 4 Certified copy of the No record is available in this correspondence between the office about any University and the civil correspondence into the administration in this matter between Proctor regard. Office and the Civil Administration, the instant question has been transferred to the CPIO Property Office to provide record, if any. 5 The source of information The charge sheet issued vide for the above together with D.No. 2177/Proc. dated certified copy of the same. 09.06.2010 was prepared on the basis of Enquiry report including Annexure enclosed 30 pages. No other record relating to this is available in this office. 6 The name and designation No record is available in this of the person/functionary office that who who proposed the above (name/designation of the matter to be made part of person/functionary) the Charge sheet. proposed that the above matter to be made part of the charge sheet. 7 Certified list of the No such list of detrimental detrimental things the said things or information is Mr. Md. Adil Hossain was available in this office except doing against the University the Enquiry report including together with the criteria for Annexures which is self deciding the same and the explanatory and the copy of date, meeting number and the same has been provided item number of the to you in response to the resolution of the body Q.No. 05 above. Further, no responsible for setting up record is available of such criteria. meeting in which any resolution passed for setting up such criteria. 8 Certified copy of all the file Certified copies of notings and correspondence relating to correspondences in the case the case of Md. Adil Hossain 7
of the said Mr. Md. Adil are enclosed two pages.
Hossain. 9 Certified copy of the view No such record is available and proposal the University in this office. has with regard to the prosperity “around the campus”. 10 The facts and reasons for No record is available of the not attaching evidence with facts and reasons for not the Charge sheet with which attaching evidences relating the allegations are proposed to allegations, with the to be substantiated together Charge sheet and no record with the name and is available that whose designation of the (name/designation) advice functionary whose advice was followed in this regard. was followed in this regard.
(Mohd. Naeem) CPIO/Section Officer”
A perusal of this aforesaid information, therefore, also
indicates that the enquiry was conducted, in the absence of the material that was sought to be utilized against the petitioner and which has been made the basis of passing the impugned order.
Nonetheless the fact remains that the petitioner also was
liable to maintain a conduct of that of a student, inasmuch as, the petitioner has entered the portals of the University to build his career and not ruin the University. Free thoughts and their expression are constitutional rights but they are subject to restrictions. Any act of indisciplined behaviour can be subject matter of censure and punishment. This growing atmosphere of deviant behaviour and corresponding disproportionate knee-jerk reactions are an outcome of deficient investments in personality development. A student has to be groomed to smoother his irrationality which is the duty of the mentor. Imparting education bereft of moral grooming is an incomplete effort to prepare 8
somebody for life. How to do this is not unknown and to cite a
humble example, one can conveniently refer to Common Thoughts On Serious Subjects by Chester Macnaghter (Published by Thacker, Spink and Co., London).
The student should also follow discipline, and not violence.
The land of Mahatma and Frontier Gandhi expects their message to be spread and fostered and not individual acts to simply overcome an identity crisis.
The petitioner may have acted in a manner in order to
protest against the illegal acts of the University and which may not be personal or motivated but that conclusion could have been arrived at only after the entire evidence was made available and the petitioner was allowed his complete defence. Any unkind or inconvenient expression may not necessarily be an act of incitement to expose maladministration and corruption, one does not ordinarily and normally use a very humble language. At the same time it should not be intended to incite violence. The university, therefore, while proceeding to measure the impact of the utterances of the petitioner may not choose to inflate the meaning and intent of the language used by the petitioner to an extent that may be required beyond reasonable limits. For this the university will have to exercise a judicious discretion.
An additional reason to interfere with the appellate order is
that it takes into account the publication of a news paper report as a very serious demeanour on the part of the petitioner so as to disentitle him from further remaining on the campus of the University. This material was obviously not there in the allegation in the charge sheet that was served on him and was published later on. The petitioner was not even made aware of this allegation that the same would be utilized at the appellate stage 9
to disentitle him of the relief claimed by him before the Executive
Council. This in my opinion, also amounts to a violation of the principles of natural justice. The petitioner ought to have been, at least put to notice by the appellate authority that while considering the imposition of punishment it was also proposing to take that material in account which was not subject matter of charge or consideration by the disciplinary authority.
In view of the conclusions drawn hereinabove, the orders
impugned are unsustainable and accordingly, the orders dated 13.7.2010 and 25.9.2010 are quashed.
The respondent disciplinary authority shall allow access of
the petitioner to the evidence as demanded by him and in case any material is not available, specific response shall be given to him before proceeding with the enquiry. The procedure shall be completed as expeditiously as possible but not later than eight weeks from the date of presentation of a certified copy of this order before the said authority. The petitioner in the mean time shall, however, be treated to be under suspension and shall be allowed to pursue his course and complete the same if the University ultimately exonerates him of the charges.
The writ petition is allowed. No order as to costs.