Calcutta High Court (Appellete Side)
Trideep Ghosh vs University Of Calcutta & Others on 16 January, 2023
Author: Kausik Chanda
Bench: Kausik Chanda
16.01.2022
ap
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WPA 1085 of 2023
Trideep Ghosh
Vs.
University Of Calcutta & Others
Mr. Debraj Sahu
Mr. Subhajit Roy
... for the petitioner.
Mr. Kishore Dutta, Sr. Advocate,
Mr. Nilotpal Chatterjee
... For the Calcutta University.
Mr. D. Ghosh
Mr. V. Kothari
... For the respondent nos. 6-7.
The petitioner in this case has challenged a show cause notice dated June 14, 2022, issued against him and has also prayed for an order permitting him to participate in the 5th Semester under Graduate (B.Sc.) Examination which will commence from January 17, 2023.
The show cause notice suggests that the petitioner being a student of the University made some statements in social media inciting and prompting the students/persons to attack University of Calcutta with arms and used extreme derogatory statements against the University officials. The third paragraph of the show cause notice is quoted below: -
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"Under the aforesaid circumstances, you are hereby show caused as to why appropriate steps should not be taken against you for your wrongful conduct, further why you should not be barred from participating in semester IV examination, your reply must reach office of the undersigned within 4 p.m. of 17th June, 2022, failing which the University shall have no alternative but to proceed to decide the issue."
A print out of the alleged statements made by the petitioner in public media has been made over to this Court by the University.
It has been submitted by the University that the Board of Discipline of Students has initiated the proceeding under the First Ordinance, 1979 and the said Board upon conclusion of the proceeding found the petitioner to be guilty and on June 27, 2022, it has recommended to take the decision to debar the petitioner from participating in examination of the University till December, 2025. The said decision was ultimately approved by the Senate of the University of July 7, 2022.
On behalf of the College it has been submitted that the College has also conducted an enquiry against the petitioner and ultimately the College has taken a decision to exonerate the petitioner from the charges levelled against him.
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Without looking into the justification or the legality of the punishment sought to be imposed upon the petitioner, this Court finds that for whatever reason the University could not communicate the order of punishment to the petitioner though it was approved by the Senate on July 7, 2022.
The petitioner cannot be debarred from appearing in the examination without there being any communication of the proposed punishment against him.
I have no quarrel with the proposition, as argued by the University that in a judicial review the Court should not normally interfere with the decision of the education authority in the matter of enforcement of discipline. I need not take a decision on merit as to the proposed punishment, but the procedure adopted by the University, in my prima facie view, is not inconformity with the law since the order of punishment was not communicated to the petitioner at any point of time.
In view of the matter, the proposed punishment, as suggested by the University, shall be kept in abeyance for a period of one month from date.
The petitioner shall be permitted to sit in the 5th semester examination without prejudice to the rights 4 and contentions of the parties. His participation in the examination will not create any equity in his favour.
The University shall file an affidavit-in-opposition within two weeks from date. The petitioner will be at liberty to file the affidavit-in-reply within a week thereafter.
List the matter after three weeks under the same heading.
Needless to mention that University shall permit the petitioners to fill up the form and approve the same to enable him appear in 5th semester examination which shall commence on and from January 17, 2023. The University will also issue admit card in favour of the petitioner in course of this day and if it is not possible to do so, it will issue the admit card subsequently.
(Kausik Chanda, J.)