The Allahabad High Court has directed the Kashi Hindu University, Varanasi to restore all educational facilities by withdrawing the suspension of a visually impaired student of the law faculty of Varanasi by giving an undertaking not to indulge in indiscipline activities in the future.
A Single Bench of Justice Kshitij Shailendra passed this order while hearing a petition filed by Santosh Kumar Tripathi.
The petitioner was suspended from the University on account of certain incidents of indiscipline and an enquiry was set up against him at the level of the University and, ultimately, he was found to be guilty.
The petition was filed challenging the suspension order with certain other reliefs. On the last occasion, it was informed to the Court that during pendency of the writ petition, suspension order has been revoked. It was argued by the counsel for the petitioner that despite revocation of suspension order, certain facilities including the hostel facility are not being extended to the petitioner.
In the aforesaid background, the Court by order dated 25.07.2023 directed the counsel for the University to obtain instructions with regard to the fact as to what are the facilities which are not being extended to the petitioner and why.
Counsel for the University has come up with the instructions that the petitioner was found guilty in the enquiry proceedings held, which are not challenged, and the University- Authorities by order dated 13.06.2023, directed the petitioner to furnish an undertaking stating that he will not indulge in any sort of indiscipline during studies which will disrepute the Institution.
Ishan Mehta, Counsel for the respondents submitted that the petitioner though has furnished an undertaking dated 16/19.06.2023, however, the same is not according to the directions as undertaking is to the effect that the petitioner has never been involved in any unwarranted activities and that all the allegations levelled against him are baseless.
To this, counsel for the petitioner submitted that apart from aforesaid statements, the petitioner has already mentioned in the same undertaking that he will not indulge himself in any such activities.
Counsel for the respondent-University has produced before the Court a copy of letter dated 02.08.2023 sent by the Head & Dean of the University to the Coordinator of Legal Cell mentioning that till today, the petitioner has not submitted the requisite undertaking, due to which, issuance of formal revocation order is held up.
“Considering the above facts and circumstances, I find that once the petitioner has been held guilty of committing indiscipline in the Institution, the petitioner has no grievance against the revocation of suspension, only issue remains in the petition is as to whether for the purposes of restoration of facilities, the petitioner earlier has or has not furnished the requisite undertaking as per the directions issued by the University in its order dated 13.06.2023.
I am satisfied that insofar as the undertaking given by the petitioner is concerned, the same is not on the lines, on which, he was required to submit undertaking, rather, the petitioner has very interestingly added some statements, by which, he wants to exonerate himself from the charges which were proved against him during the course of enquiry”, the Court observed.
In view of the above, the Court disposed of the petition in the following terms:-
(a) The petitioner is directed to submit and furnish an undertaking only and only to the effect that he shall not indulge in any sort of indiscipline during studies which will disrepute the Institution. No other words shall be added in the undertaking.
(b) The university, after furnishing such undertaking, shall immediately issue a formal revocation order as regards suspension is concerned and shall restore all the facilities to the petitioner which he was availing prior to his suspension.