Sudhanshu Bajpai vs Chancellor Lucknow University ...
2015 Latest Caselaw 2765 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- MISC. SINGLE No. - 5686 of 2015
 

 
Petitioner :- Sudhanshu Bajpai
 
Respondent :- Chancellor Lucknow University Lucknow And Others
 
Counsel for Petitioner :- Balram Yadav
 
Counsel for Respondent :- Savitra Vardhan Singh,B.K. Shukla
 

 
Hon'ble Rajan Roy,J. 

Heard learned counsel for the petitioner, Shri. B.K. Shukla learned counsel for the opposite party no.1 as also Shri Savitra Vardhan  Singh learned counsel for the university. 

Supplementary affidavit filed by the petitioner today is taken on record.

Paragraph nos. 2 to 5 of the said supplementary affidavit filed by the petitioner Shri Sudhanshu Bajpai, aged about 25 years S/o Shri Radhey Shyam Bajpai reads as under:-

"2. That the deponent/petitioner undertakes that he will abide by all the orders issued by the University authorities, Rules, Regulations and the Statutes framed by the University authorities and Government, from time to time.

3. That the deponent/petitioner will not do any act, which would be defying the discipline to be maintained in the University Campus.

4. That the deponent/petitioner, further, undertakes that he will no involve, himself, in any unlawful activities and will pursue his studies seriously and sincerely with full devotion and dedication.

5.  That the deponent/petitioner will participate in debate and discussions on socio and political problems of the day, with the permission of the University authorities, arranging exhibitions and holding social gathering with a view to strengthen and inculcate the academic astmosphere in the University Campus for the welfare and in the interest of the students, as a whole, as per the aims and objectives of the Bye-Laws of the University Students Union."

The petitioner is young a student who has been expelled from the University. Considering the impugned action against him not only he will be unable to stay in the university in question, but it may not be possible for him to seek admission even elsewhere.

Considering the fact that the petitioner has passed his High School,  Intermediate and Graduation in first division and he is a young man whose carrier should not be nipped in the bud and also considering the undertaking given by him on affidavit before this court, one opportunity is given to him to pursue his studies and appear in the examination with consequential benefits in consonance with the rules and regulations of the university.

Accordingly, the impugned orders dated 22.08.2015 and 07.01.2015 passed by opposite parties no.1 and 3, as contained in annexures nos. 2 and 3 are stayed subject, however to the aforesaid conditions and the undertaking  given by him. In the event of default by the petitioner in this regard it shall open to the University concerned to move appropriate application before this court for vacation of this interim order.

Let counter affidavit be filed within four weeks.

List thereafter.

Order Date :- 29.9.2015

Amit.