WPMS/983/2021
2021 Latest Caselaw 1623 UK

     IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
                  ON THE 6TH DAY OF MAY, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

             Writ Petition (M/S) No. 983 of 2021

BETWEEN:
       Ravi Prakash Mishra                               .....Petitioner
       (By Mr. M.C. Pant, Advocate)



AND:
       ICFAI University Dehradun & others
                                                   .....Respondents

       (By Mr. Sandeep Tandon, Advocate)


                            JUDGMENT

Petitioner is a student of B.A.-LL.B. third year course in ICFAI University, Dehradun. He is aggrieved by an order dated 16.04.2021, passed by Registrar of the University, whereby he has been suspended from University based on the report of Disciplinary Committee. By the said order, petitioner has also been restrained from attending all classes and from appearing in the semester examination.

2. It is an admitted position that the order impugned in the writ petition is appealable and petitioner has in fact filed an appeal challenging the said order and, the said appeal is pending consideration before the Vice Chancellor of the University.

3. Mr. M.C. Pant, learned counsel appearing for the petitioner submits that the semester examination is going to commence from 17.05.2021.

4. Since petitioner's appeal against the impugned order is pending consideration before the Vice Chancellor, therefore, having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Vice Chancellor of the University to consider and decide petitioner's appeal in accordance with law, as early as possible, but not later than 13.05.2021.

5. Till 13.05.2021 or till decision is taken on petitioner's appeal, whichever is earlier, the impugned order dated 16.04.2021 shall be kept in abeyance.

6. It goes without saying that if decision taken in petitioner's appeal goes against the petitioner, then he shall be at liberty to approach the appropriate forum against the said order.

(MANOJ KUMAR TIWARI, J.) Navin