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Mr. Ashraf Kamal vs Jamia Millia Islamia & Ors.
2011 Latest Caselaw 3283 Del

Citation : 2011 Latest Caselaw 3283 Del
Judgement Date : 12 July, 2011

Delhi High Court
Mr. Ashraf Kamal vs Jamia Millia Islamia & Ors. on 12 July, 2011
Author: Kailash Gambhir
       IN THE HIGH COURT OF DELHI AT NEW DELHI

                        Judgment delivered on: 12.07.2011


                             W.P.(C) No. 4622/2011


Mr. Ashraf Kamal                                        ......Petitioner

                Through:             Mr. Alamgir counsel for petitioner.

                             Vs.

Jamia Millia Islamia & Ors.                             ......Respondents

                Through:             Mr.M.A.Siddiqui for the respondent.


CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR

1. Whether the Reporters of local papers may
     be allowed to see the judgment?                               Yes


2. To be referred to Reporter or not?                              Yes


3. Whether the judgment should be reported                         Yes
     in the Digest?


KAILASH GAMBHIR, J.Oral:
*

1. The petitioner has approached this court by

invoking the writ jurisdiction of this Court under Article 226

of the Constitution of India to seek quashing of the notice

dated 12.10.2010 and the note dated 12.10.2010 issued by the

respondent no.3 whereby a complete ban was imposed on the

petitioner. The petitioner has also sought directions to direct

the respondents to forthwith forward his candidature for

registration in Ph.D. Programme for Dalit and Minorities

Studies.

2. Facts shorn of unnecessary details are that the

petitioner is a student of the respondent no.1 university since

class IX and finished his Masters degree in 2008 after which he

applied for Ph.D programme sponsored by Dr.K.R Narayanan

Centre for Dalit and Minorities Studies on the topic "Political

Empowerment of Muslims-A comparative study of two select

Districts in Uttar Pradesh and Bihar". The petitioner was called

for the interview for the said course and was recommended by

the Board of Studies for the Ph.d but his admission has been

kept in abeyance till date. On making various inquires and filing

RTI application, it came to the knowledge of the petitioner that

the application of the petitioner has been kept pending by

respondent no.3 due to a case of indiscipline against the

petitioner in 2005, of which a warning letter was issued to him

on 19.7.2005. Further on a note dated 12.10.10 was issued by

respondent no.3 whereby it was stated that the petitioner had

involved himself in acts of indiscipline on the University

Campus on 18.7.2005 and 18.7.2006 and recently he has been

seen in the campus parking his black colour car inside the

campus at no parking area and it is feared that the presence of

the petitioner in the campus may cause law and order problem

and thus a campus ban was imposed upon him vide notice

dated 12.10.10. The petitioner has been aggrieved by the said

action of the respondent no.3 and has thus approached this

court for relief.

3. On the last date of hearing, the respondent was

directed to produce the relevant record whereby the decision

taken by the Competent Authority of the respondent University

to ban the entry of the petitioner in the campus of the

respondent University.

4. Today, Mr.Arshad Noor, Dy. Proctor has produced

the original documents. A perusal of the same reveals that the

petitioner was issued a warning by the then Proctor

Professor Ibrahim vide letter dated 19.7.2005. The said

warning was issued by the Proctor to the petitioner on the

ground that he was found involved in unlawful activities of

trying to disturb the reading room of Dr. Zakir Hussain Library

by closing the gate of the library and then raising slogans

outside the library on 18.7.2005 at 11.00 A.M. and due to such

unjustified behaviour of the petitioner, he was warned to

refrain himself from committing such condemnable activities

failing which he was warned that strict action will be taken

against him which may include suspension, ban in campus and

even rustication. The said file also contains another note of

12.10.2010 issued by Professor Masood Alam, Proctor of the

respondent University as recently the petitioner was seen in

the campus in a black colour car in no parking zone of the

campus and therefore it was feared that the presence of the

petitioner may create law and order problem in the campus

and thus a campus ban was imposed upon him due to the same.

5. The case set out by the petitioner in the present

petition is that he was a brilliant student throughout his

career and has successfully completed various courses as

detailed by him in sub-para 1 of para 3 of the petition. It is

also the case of the petitioner that he has completed his

Masters' degree from the respondent university itself in the

year 2008 in the stream of Dalit & Minorities Studies and in

the year 2008 the petitioner had applied for admission in the

Ph.D. Programme duly sponsored by Dr. K.R. Narayanan

Centre on the topic "Political Empowerment of Muslims - A

Comparative Study of two select Districts in Uttar Pradesh and

Bihar" which application of the petitioner is required to be

routed through the respondent no.3, Proctor of University with

its recommendations for the registration to the said Centre. It

is also the case of the petitioner that the petitioner was

interviewed by the Board of Studies and was declared

successful by the said Board and thereafter his name was

recommended by the Board for the aforementioned Ph.D.

Programme. The grievance raised in the petition is that case

of the petitioner to seek admission in the Ph.D. Course is not

being recommended by the respondent no.3 on the premise

that in the past the petitioner was found involved in unlawful

activities and for which a warning was issued by the Proctor of

the respondent University vide letter dated 19.7.2005 and also

because of the recent misconduct of the petitioner in parking

his black colour car in no parking zone. It is the case of the

petitioner that he is unnecessarily being victimized at the

hands of the respondent no.3 , the Proctor of the respondent

University as he has malafide intent so as to spoil the academic

career of the petitioner as the brother of the respondent no.3 is

settling the score with the petitioner through respondent no.3.

It is also the case of the petitioner that before passing the said

banning order the respondent has blatantly violated the

principles of natural justice.

6. I have heard learned counsel for the parties and

perused the original documents produced by the counsel for

the respondent.

7. A warning letter was issued to the petitioner by

the respondent University as long back as 19.7.2005 on

account of his alleged involvement in the act of disturbing the

reading room of Dr. Zakir Hussain library. In the said warning

letter the petitioner was warned that if he indulges himself in

such like misbehaviour again then strict action would be

initiated against him which could include suspension, campus

ban or even rustication. Except the said warning letter, no

other order was passed by the respondent University against

the petitioner except the recent banning order passed by the

respondent vide note dated 12.10.2010. The said note clearly

shows that the reason for putting a ban on the petitioner is

due to his parking the car inside the campus at no parking

zone. In the said note the Proctor also expressed his

apprehension that the presence of the petitioner in the campus

may cause law and order problem.

8. The act of the respondent no.3 is completely beyond

the comprehension of this court as it is an absolutely draconian

decision taken by the respondent no.3 to ban the entry of the

petitioner in the campus of the respondent University where he

has been a student for the last so many years. The petitioner

has completed his post graduation in the year 2008 which

would clearly mean that he was allowed to carry on with his

studies of post graduation course even after the said initial

warning letter was issued by the respondent against the

petitioner in the year 2005. This court fails to perceive as how

parking of the car by the petitioner in no parking zone can

result in taking such a harsh decision by the respondent

University putting a complete ban on the petitioner to enter

the campus and that too for an indefinite period. This court

also fails to fathom as to how the presence of the petitioner in

the campus of the respondent will result in creating law and

order problem.

9. Admittedly, no show cause notice has been served by

the respondent University upon the petitioner before taking

the action of banning the petitioner. The respondent has not

given any opportunity to the petitioner to explain his case and

has clearly acted in contravention of rules of natural justice.

Rules of natural justice are not some arcane law but are very

much a part of the conscience of the justice dispensation

system of our country and cannot be given a go by in any

eventuality. Not going into the merit of the allegation of the

petitioner of attributing malfide to respondent no.3, this court

would only like to observe that the teachers are revered as

Gods in our culture and are responsible for shaping the lives of

their students, and the sanctity and the status of this position

should be maintained.

10. In the light of the forgoing, the impugned notice

dated 12.10.2010 and the note dated 12.10.10 is quashed. The

respondent university is accordingly directed to forward the

case of the petitioner for his registration for Ph.D. Programme

for Dalit and Minorities Studies, if otherwise the petitioner

fulfills the laid down criteria.

11. The present petition stands disposed of accordingly

in the aforementioned terms.

July 12, 2011                          KAILASH GAMBHIR, J
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