Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 88320 (ALL)

ABHIJEET SINGH AND ANOTHER v. THE BANARAS HINDU UNIVERSITY VARANASI AND 4 OTHERS

WRIC/28117/2024 · 2025-03-06

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:33454 Court No. - 32 Case :- WRIT - C No. - 28117 of 2024 Petitioner :- Abhijeet Singh And Another Respondent :- The Banaras Hindu University Varanasi And 4 Others Counsel for Petitioner :- Kamla Singh Counsel for Respondent :- Hem Pratap Singh Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and learned counsel for the respondents. 2. Petitioners by means of present writ petition, has assailed the impugned order dated 25.06.2024 communicated by the respondent no.4, by which petitioners were debarred for two academic session i.e. 2024-25. 3. The only contention advanced by learned counsel for the petitioners that no proper opportunity of hearing was afforded to the petitioners inasmuch as the notices have been issued through G-mail which is not sufficient. It is further submitted that the evidence relied upon by the respondent in passing the impugned order, has not been supplied to the petitioners. Learned counsel for the petitioners placed reliance upon the judgment of this Court passed in Writ-C No.16044 of 2024 (Raunak Mishra Vs. Banaras University and 3 others) and submitted that the controversy is squarely covered by this Court. 4. Learned counsel for the respondents submitted that the proper opportunity of hearing was afforded to the petitioners. Sri A.K. Singh, learned Senior Counsel on behalf of respondent placed minutes of the meeting of the Standing Committee on disciplinary action to contend that the proper and sufficient opportunity of hearing was afforded to the petitioners and therefore, it is not a case of violation of principles of natural justice. 5. Be that as it may, the relevant extract of the minutes of the meeting of Standing Committee placed by Sri A.K. Singh, learned Senior Counsel for the respondent, is reproduced herein below: "The two students Mr. Abhijeet Singh and Mr. Thakur Jungbijay Singh were called to appear before the committee for third time after falling to appear before despite being given two chances. Both the students appeared before the committee in the meeting held on 02.12.2023 and in their written statements they denied their involvement in the said incident. In the meeting dated 10.01.2024, the committee received the CCTV footage of the incident as provided by the Chief Proctor office. The Committee throughly analyzed the CCTV footage and found that the named students as well as other persons were driving their bikes in the campus and seemed to be moved out of Chittupur gate." 6. The extracted portion of the minutes reflects that though the petitioners were called to appear in person before the Committee but the CCTV footage and other materials on which the reliance has been placed, have not been supplied to the petitioners. This Court is of the view that the controversy is squarely covered by judgment of this Court passed in Raunak Mishra Vs. Banaras Hindu University (supra). Accordingly, the impugned order dated 25.06.2024 is set aside and liberty is granted to the respondents to initiate the proceedings against the petitioners strictly in accordance with law. 7. In view of above, the writ petition is allowed with no order as to cost. Order Date :- 7.3.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad