Vivekanand v. University Of Delhi & ANR.
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16491/2024 and CM APPL. 69659/2024 VIVEKANAND .....Petitioner Through:
Mr. Mukesh Kumar, Mr. Rajesh Kumar and Mr. M. K. Tiwari. Advs.
versus UNIVERSITY OF DELHI & ANR.
.....Respondent Through:
Mr. Mohinder J. S. Rupal, Mr. Hardik Rupal and Ms. Aishwarya Malhotra, Advs.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 04.12.2024 1.
Mr. Mohinder J. S. Rupal, learned counsel for the respondent University, on instructions, submits that subject to liberty being reserved to the respondent University to conduct de novo enquiry, the University would not have any objection if the impugned show cause notice dated 19.11.2024 and the order of expulsion dated 27.11.2024 are set aside by this Court. 2.
This Court, vide interim order dated 28.11.2024, has observed as under:- "CM APPL. 69660/2024 (Ex.)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 16491/2024 & CM APPL. 69659/2024 (interim relief)
3. Heard learned counsel appearing for the petitioner. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:53:06
4. This petition is filed against the show cause notice dated 19.11.2024 and expulsion letter dated 27.11.2024.
5. Learned counsel appearing for the petitioner submits pursuant to the show cause notice, he has furnished a detailed response thereto explaining each and every allegations leveled against him. Learned counsel then contends that without considering the explanation tendered by the petitioner, the petitioner has been arbitrarily expelled from the hostel. He has been directed to vacate the hostel by 29.11.24 by 01:00 PM. 6. Issue notice.
7. Learned counsel appearing for the respondent-University accepts notice. He is directed to take instructions.
8. List on 04.12.2024.
9. In the meantime, keeping in mind the submissions made by the petitioner and in view of the fact that the impugned letter dated 27.11.2024 is bereft of any reason, the same is hereby stayed till the next date of hearing.
10. Order dasti under signatures of the Court Master." 3.
In view of the aforesaid, this Court finds the submissions made by Mr. Mohinder J. S. Rupal to be reasonable and, accordingly, the impugned show cause notice dated 19.11.2024 and the order of expulsion dated 27.11.2024 stands set aside, leaving all rights and contentions of the parties open. 4.
The respondent University is at liberty to conduct de novo enquiry and take appropriate action in accordance with law. 5.
With the aforesaid observations, the instant petition stands disposed of along with pending applications.
PURUSHAINDRA KUMAR KAURAV, J DECEMBER 4, 2024 aks/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:53:06