Ahmad Zain v. Aligarh Muslim Univesity Centre Murshidabad And ORS

18 30.01.2025 NB Ct. 17 WPA 1939 of 2025 Ahmad Zain Vs.

Aligarh Muslim University Centre Murshidabad & Ors. Mr. Tarique Quasimuddin, Ms. Hera Madni.

...for the petitioner.

Sk. Rejaul Alam, Mr. Arif Mahammad Khan, Mr. Inteaque Ahmed.

...for the respondent nos.1,2,3,4&5.

Affidavit of service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a student of 4th year of LLB at the Aligarh Muslim University, Murshidabad campus. He was assaulted by some other students of the same University inside the campus. CCTV footages would make this abundantly clear. He had to be treated in a hospital. However, the other side subsequently lodged an information with the police, which was registered as an FIR. He suddenly received a communication from the University authorities that he has been expelled from the hostel. He does not have any place to reside in the district of Murshidabad as he is coming from the State of Uttar Pradesh. However, the petitioner has preferred an appeal against the order of the University authorities. But, the same has not being disposed of. In the process, the petitioner is missing his classes.

Learned counsel appearing on behalf of the University denies the allegations and submits that the other affected

parties have not been made respondents in this case. However, if the petitioner only prays for expeditious disposal of the appeal, an appropriate order may be passed in this regard. Although, the petitioner has prayed for cancellation of the order of expulsion dated 17.12.2024 in this writ petition, learned counsel does not press for the same and insists that a direction may be passed for early disposal of the appeal. In view of the above, the respondent no.3 is requested to dispose of the appeal being Reference No.201/RRC/23/12/2024 under Section 36(B) of the Aligarh Muslim University Act, 1920 in accordance with law and upon hearing the petitioner and other interested parties as expeditiously as possible, preferably within a period of three weeks from the date of communication of this order. The petitioner shall be at liberty to pray for any interim relief before the Appellate Forum.

With these observations, the writ petition is disposed of. It is clarified that the merits of the case have not been gone into.

As affidavits were not called for, allegations contained in the writ petition are deemed not to have been admitted. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)