Punjab-Haryana High Court
Karanpreet Singh Josan vs Guru Angad Dev Veterinary & Animal ... on 13 October, 2014
Author: K.Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.14787 of 2014 (O&M)
Date of decision:13.10.2014
Karanpreet Singh Josan son of Malkeet Singh Josan, resident of EJ-
158, Chahar Bagh, Jalandhar.
... Petitioner
versus
Guru Angad Dev Veterinary and Animal Sciences University,
Ludhiana, through its Vice Chancellor, and others.
.... Respondents
II. Civil Writ Petition No.15284 of 2014 (O&M)
Chanpreet Singh son of Arvind Singh, resident of Purani Ghas
Mandi, Railway Road, Kotakpura, District Faridkot.
... Petitioner
versus
Guru Angad Dev Veterinary and Animal Sciences University,
Ludhiana, through its Vice Chancellor, and others.
.... Respondents
III. Civil Writ Petition No.15577 of 2014 (O&M)
Sukhpreet Singh Mann son of Sukhwinder Singh Mann, resident of
House No.108, Ward No.8, Dashmesh Nagar, Raikot, District
Ludhiana.
... Petitioner
versus
Guru Angad Dev Veterinary and Animal Sciences University,
Ludhiana, through its Vice Chancellor, and others.
.... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
----
SANJEEV KUMAR
2014.10.14 12:34
I attest to the accuracy and
integrity of this document
Civil Writ Petition No.14787 of 2014 (O&M) -2-
Present: Mr. Harkesh Manuja, Advocate,
for the petitioner in CWP No.14787 of 2014.
Ms. Gursharan K. Mann, Advocate,
for the petitioner in CWP No.15284 of 2014.
Mr. Rishu Mahajan, Advocate,
for the petitioner in CWP No.15577 of 2014.
Mr. Har Naresh Singh Gill, Advocate,
for the respondents.
----
K.Kannan, J.
1. All the three writ petitions relate to an incident of an college campus violence that took place on 30.05.2014 where all the petitioners have been admittedly involved. The students were rusticated after the show cause notices served and after taking decision of the Enquiry Committee that the petitioners had all been participants in physical duel with the court campus. This was perceived to be a serious act of indiscipline and various punishments had been awarded depending on the extent of involvement and the gravity of the indisciplined conduct. The petitioner in CWP No.14787 of 2014 had been rusticated from the University examination for two semesters and also expelled from the hostel for the rest of the stay in the University and fined `5,000/- apart from being placed on probation of supervision for the conduct for the rest of the degree course. In the two other writ petitions, the respective petitioners had been awarded the same punishment. SANJEEV KUMAR 2014.10.14 12:34 I attest to the accuracy and integrity of this document Civil Writ Petition No.14787 of 2014 (O&M) -3-
2. The incident itself was not denied but each has a contention to make that they were not aggressors and it was the other party which was aggressor. The petitioner in CWP No.14787 of 2014 would submit that the petitioner along with one Damanvir Singh had not been in any way involved in the scuffle but they arrived at the spot much later. Damanvir Singh had only been expelled from the hostel but the petitioner in CWP No.14787 of 2014 had been awarded a harsher punishment of being rusticated for two semesters and expelled from the hostel as well. Yet another accused Amarpreet Singh has only been warned and it was wholly inappropriate that the aggressor has been softly handled. The petitioner in CWP No.15284 of 2014 would contend that he was not named in the FIR. According to him, the Enquiry Officer had found that one Bawanjot Singh Boparai was the mastermind regarding the fight between two groups and the punishment accorded to him could not also be awarded to the petitioner. The petitioner was not prepared to go as far as to state that he was not present at all but to his benefit would be the fact that he had not been named originally in the FIR and the punishment meted to him cannot be equivalent to yet another person who was the mastermind. The petitioner in CWP No.15577 of 2014 would complain that he had been badly injured and was thrashed by the others. The petitioner himself had suffered head injuries and had been admitted in the hospital about 15 days. SANJEEV KUMAR 2014.10.14 12:34 I attest to the accuracy and integrity of this document Civil Writ Petition No.14787 of 2014 (O&M) -4- He had been a victim of the campus violence and to award punishment against him was grossly unfair.
3. It is not possible to reappraise the evidence collected at the enquiry constituted by the college authorities. Violence at all times is a two way affair. It was not as if that one party arrived, beat up persons and left the place. As the facts have unfolded, all the petitioners had been at the scene of occurrence and if the college in its wisdom to enforce students discipline and for its breach in the campus had decided to rusticate the students, I find no reason for applying different yardstick even as regards the measure of punishment. The decision making shall simply reside with the authorities that run the college. I am loathe to make any intervention on behalf of any of the petitioners.
4. By virtue of the orders of the court, some of the petitioners had been permitted to take the examination. The results need not be declared and the participation will not secure to them any benefit.
5. All the writ petitions are dismissed.
(K.KANNAN) JUDGE 13.10.2014 sanjeev SANJEEV KUMAR 2014.10.14 12:34 I attest to the accuracy and integrity of this document