Allahabad High Court
Harsh Vardhan Singh vs Dr. Apj Abdul Kalam Technical ... on 30 May, 2023
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - C No. - 10010 of 2023
Petitioner :- Harsh Vardhan Singh
Respondent :- Dr. Apj Abdul Kalam Technical University And 6 Others
Counsel for Petitioner :- Kanjaanan Pyare Singh,Pawan Kumar Singh,Vijay Kumar Ojha
Counsel for Respondent :- Sharve Singh,Abhinav Gaur,Hritudhwaj Pratap Sahi,Rijwan Ali Akhtar,Vibhu Rai
Hon'ble Ajay Bhanot,J.
The petitioner is a young lad of nineteen years. He was infatuated by a young lady. The petitioner underwent severe depression as a result of his unrequited love. The petitioner may have transgressed some limits of appropriate behaviour in a fit of depression. The petitioner makes a contrite apology to all concerned regarding his behaviour (without prejudice to his defence on merits).
Sri Vijay Kumar Ojha, learned counsel assisted by Sri Kanjanan Pyare Singh, learned counsel for the petitioner then made the following legal submissions;
(1) The punishment has been imposed in a mechanical manner and is disproportionate.
(2) The University and the college adopt a purely punitive approach on disciplinary issues. There are deficiencies in the statutory regime of the University and the bye laws of the college which advocate a penal approach to incidents of deviant behaviour by students, and do not provide for any reformative action to cure aberrant behaviour of young students.
(3) The University as well as the college need to adopt reformative scheme and has to incorporate the same in the first statutes and bye laws respectively in light of the judgments rendered by this Court in Anant Narayan Mishra v. The Union of India and 4 others, reported at 2020 (3) ADJ 466, and the UGC guidelines dated 12.04.2023 issued in compliance thereof.
(4) Education is the only path to redemption of young students who err in conduct but yearn to make amends for their mistakes. The University as well as the college have to adopt a balanced approach which ensure discipline in college, protects victims of harassment but also safeguards the rights of delinquent students.
The petitioner wishes to turn a new leaf and seeks an opportunity to redeem his reputation and also carve a bright academic future.
Petitioner Harsh Vardhan Singh is present in Court. The petitioner submits that he shall unconditionally join the reform and self development programme and pursue the same diligently along with academics.
Shri Ami Tandon, learned counsel for the respondent nos. 4 to 7-institution submits that the respondents have prepared reform and self development programme for the petitioner in light of the judgement rendered by this Court in Anant Narayan Mishra (supra) and the UGC Guidelines dated 12.04.2023 issued in compliance thereof.
Shri Samarth Singh, learned counsel holding brief of Shri Hritudhwaj Pratap Sahi, learned counsel for the respondent University has filed an affidavit which asserts that the respondent University shall create a duly structured programme for reform and self development programme for the students in light of the judgements rendered by this Court and the UGC guidelines dated 12.04.2023 issued in compliance thereof. The respondent University has also directed its affiliated colleges to prepare and implement such programmes.
The counter affidavit filed on behalf of Additional Chief Secretary, Technical Education, Government of U.P., Lucknow, is taken in the record. The State Government has issued appropriate directives to all the three Technical Universities of the State to implement the UGC Guidelines dated 12.04.2023 issued in compliance of the judgement in Anant Narayan Mishra (supra) by order dated 16.05.2023.
The judgement reserved.
However, as an interim measure the following order is passed:
A. The rustication order shall remain stayed.
B. The petitioner shall be permitted to continue his B.Tech. course in Krishna Institute of Engineering and Technology, Meerut Road, Ghaziabad.
C. The petitioner shall simultaneously participate in the reform and self development programme which shall be created and run by the respondent no. 4 to 7 for the former.
D. The reform and self development programme will be run simultaneously with the B.Tech course.
E. The programme shall include:
i. Yoga
ii. Meditation
iii. Sports
iv. Community Service
v. Music/Painting or any activity which fosters creativity.
vi. Counselling and Mentorship and any other activity which the respondent nos. 4 to 7 may deem appropriate.
F. The respondent nos. 4 to 7 shall prepare regular reports evaluating the progress and performance of the petitioner in the reform and self development programme.
The petitioner submits that he has fulfilled his attendance criteria and regularly attended all classes in the B.Tech. 3rd semester. He is in a position to take examinations.
The University is directed to sympathetically consider the case of the petitioner as a special case for permitting him to appear in the 3rd semester examination of B.Tech. course being run in the Krishna Institute of Engineering and Technology, Meerut Road, Ghaziabad within a period of 15 days. In case it is not feasible, the petitioner shall be admitted to B.Tech 3rd Semester course in Krishna Institute of Engineering and Technology, Meerut Road, Ghaziabad. The respondents shall ensure that the petitioner does not suffer any further academic loss.
Order Date :- 30.5.2023
Dhananjai
