Courts Update Uttarakhand HC grants liberty to student union president to...

Uttarakhand HC grants liberty to student union president to make representation against cancellation of admission

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New Delhi, May 28 (ILNS): The Uttarakhand High Court has granted liberty to the student union president of a college in Tehri Garhwal, to make representation to the concerned authorities against cancellation of his admission.

The Single-Judge Bench of Justice Manoj Kumar Tewari, while considering the petition yesterday, said that in the concluding para of the report of Inquiry Committee, it has been observed that the said Inquiry Report will be used only qua the election of the petitioner to the office of president and the said inquiry report will not be used for any other purpose.

The Court, while dismissing the petition, observed, “Since the term of the office, to which petitioner was elected was only one year; the said period has already expired and the inquiry report, impugned in the writ Petition, clearly stipulates that it shall not affect other rights of the Petitioner, therefore, in the humble opinion of this Court, the reliefs as claimed in the writ petition now do not survive.”

“The said stipulation in the concluding para of the Inquiry Report indicates that the adverse finding, if any, recorded by the inquiry committee against the petitioner, will not prejudice his rights, other than the right to hold the office to which he was elected,” the Court held.

“If that is so, then Petitioner shall be at liberty to approach respondent no. 3 (Concerned Authorities), by making a representation. If Petitioner makes such representation to respondent no. 3 against cancellation of his admission, within two weeks from today, respondent no. 3 shall consider and decide the same on merits, in accordance with law, without being prejudiced by the findings recorded by the Inquiry Committee in its report dated 09.01.2018. Such decision shall be taken as early as possible, but not later than four weeks from the date of receipt of representation along with copy of this order”, the order reads.

Petitioner Sushil Singh Rawat was a regular student of Swami Ramteerth Campus, Badshahithaul, Tehri Garhwal, which is a campus college of HNB Garhwal University. While he was pursuing BA Part-I Course during academic session 2017-2018, he participated in the election to the Students Union and was elected as President of the Students Union.

Subsequently, a complaint was made that the Board, from which the petitioner has passed 12th standard examination, is not recognised.

Based on the said complaint, an Inquiry Committee was constituted, which found substance in the complaint received against the Petitioner. The recommendation made by the Inquiry Committee on January 9, 2018, which is impugned in this writ petition.

MS Pal, Senior Counsel appearing for the Petitioner submitted that admission of the Petitioner in BA Course has also been cancelled by the college authorities. ILNS/SHV/SS/RJ

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