SRIMAN NARAYAN SHUKLA v. STATE OF U.P. AND 3 OTHERS
WRIC/15204/2025 · 2025-10-09
Kunal Ravi Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56309 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56309 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 15204 of 2025 Court No. - 19 HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Rajesh Dutta Pandey, learned counsel for the petitioner, Ms. Roshni Dwivedi holding brief of Ms. Pooja Agarwal, learned counsel for respondent nos. 2 to 4 and learned Standing Counsel for the State respondent. 2. The present writ petition has been filed challenging the order dated 06.03.2024 passed by Deputy Registrar (Academy), Banaras Hindu University, Varanasi taking cognizance of an F.I.R. No. 0043 dated 04.02.2024, filed by Dr. Sunil Kumar Gupta against Suraj Dubey s/o Angad Dubey Shastri and Shriman Narayan Shukla s/o Arvind Kumar Shukla with regard to an incident of adultery and loot. 3. In the the order impugned cognizance was taken of the F.I.R., under Sections 347, 323, 504, 394, 377, 511, 506, 384, 34 and 66 E of IPC, P.S. Lanka, District Varanasi and ECR No. 264 dated 09.06.1979, as contained in Chapter-III of the BHU Calendar Part-I Volume-II providing the Ordinances Governing Maintenance of Discipline and Governing Procedure, which inter alia states that "any student involved in moral turpitude or heinous crime and is wanted by the police or has been released on bail in connection with any such offence, or detained under any provision, or against whom Police investigation or criminal prosecution for any such offence is pending, of enquiry under U.P. Goonda Act is initiated, shall stand suspended from all the privileges activities of the University and Hostel and the suspension of such student Versus Counsel for Petitioner(s) : Rajesh Dutta Pandey Counsel for Respondent(s) : C.S.C., Hem Pratap Singh, Pooja Agarwal Sriman Narayan Shukla .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
shall continue till vacated by the University on such student being discharged or acquitted by a Court of Law or let off on submission of final report by the Police. Further, a student suspended under Clause (1) shall not enter the University Campus without prior permission obtained in writing from the Registrar and shall not be permitted, in any case, to visit or stay in a University Hostel, and the allotment of his Hostel seat, if any, shall be cancelled forthwith". 4.
In light of the above, the Vice-Chancellor passed the order that the aforesaid students, namely, Suraj Dubey and Shriman Narayan Shukla be suspended immediately from all the privileges activities of the University and Hostel. 5. In light of the order passed by the Vice-Chancellor, the Deputy Registrar (Academy) suspended the enrolment of the said students with immediate effect from all the privileges activities of the University and Hostel and further directed that an enquiry by the Standing Committee on Disciplinary Action will be initiated. 6. On 14.05.2025, the respondents were granted time to file counter affidavit and, thereafter, the petitioner was granted time to file rejoinder affidavit. However, till date no counter affidavit has been filed by the University. 7. Today, Ms. Roshni Dwivedi holding brief of Ms. Pooja Agarwal,
learned counsel for the B.H.U. has placed a notification dated July 23, 2025 by means of which Prof. A.K. Srivastava has been relieved from the position of Ombudsman in the Banaras Hindu University and the Vice- Chancellor has pleased to appoint Prof. S.M. Singh, Former Dean, Faculty of Science, Institute of Science as Ombudsman for redressal of grievances of the students of the University and Colleges/Institutions affiliated with the University, with immediate effect. The said appointment has been made in light of Clause 6 of Gazatte of India notification dated 11.04.2023.
8. In light of the said notification, learned counsel for the respondent states that the matter can be relegated to the Ombudsman for redressal of the grievance of the petitioner and all further action may be taken after the WRIC No. 15204 of 2025 2
Ombudsman finally decides the said grievance. She has also relied upon
order dated 12.08.2025 passed by a coordinate Bench in Writ-C No. 27139 of 2025 (Lekhraj Sharma vs. Vice-Chairman and another), which also relates to the Banaras Hindu University, Varanasi, wherein the Court has relegated the matter to the Ombudsman to redress the grievance of the petitioner.
9. Learned counsel for the petitioner states that the petitioner is not involved in any crime of moral turpitude or any heinous crime and has a very bright future ahead. Looking into gravity of the impugned order, if the petitioner is not accorded some relief then the career of the petitioner will suffer irreparably, which cannot be compensated. He further states that he has no objection if the matter is relegated for taking final decision.
10. In the considered opinion of the Court, it would be in the interest of justice, keeping in view that the petitioner is studying in the University, the redressal forum, as stated by the learned counsel for the respondent University, be directed to decide the matter expeditiously.
11. In light of the submissions advanced and the consent given by the
learned counsel for the petitioner, without adverting to the merits of the case, it is hereby directed that the petitioner shall file his detailed objection against the order impugned before the Ombudsman of the University along with certified copy of this order within two weeks from today. On such application/objection being filed, the Ombudsman shall decide the same expeditiously, preferably within a period of three weeks, thereafter.
11. With the aforesaid directions, the present writ petition stands disposed of. October 10, 2025 Pkb/ WRIC No. 15204 of 2025 3 (Kunal Ravi Singh,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad