Shubham Srivastava v. National Institute of Fashion Technology

1. With the consent of the counsel for the parties both the writ petitions are being disposed of by a common order.

2. As per the petitions, the petitioners are the students of National Institute of Fashion Technology, respondent herein. Petitioner in W.P.(C)3051/2013 was admitted in the respondent for the academic session 2011-2015 and petitioner in W.P.(C)3069/2013 was admitted in the respondent for the academic session 2010-2014. Both the 2013:DHC:7584 C- H petitioners were accused of ragging students and written complaints were received against them along with ten other students on 10.9.2012. Minor penalties were imposed on the petitioners. The petitioners had also participated in an All India strike on 19.3.2013, they forcefully blocked the main gate and stopped the faculty members from leaving the campus. The petitioners have been expelled from the institute by an order dated 2.4.2013 on the ground stated in the order of expulsion.

3. Notice in these writ petitions was issued on 10.5.2013, when counsel for the parties had sought an adjournment to consider as to whether the punishment of the petitioners can be reduced to suspension of one year; submission of a written apology by the petitioners; furnishing of an undertaking by the petitioners as also their parents that in future the petitioners would attend the course in a disciplined manner, they will not breach the discipline of the institute; and in case such an undertaking is furnished the order of expulsion would be kept in abeyance and the petitioners would be suspended for one year.

4. Learned counsel for the parties on instructions submits that the parties are willing to abide by the aforesaid conditions.

5. Accordingly, writ petitions and applications stand disposed of with the following agreed directions: W.P.(C) 3051/2013 & W.P.(C) 3069/2013 2/3 •t

(i) The petitioners will furnish a letter of apology to the respondent institute;

(ii) In the letter of apology the petitioners will also request the institute to keep the order of expulsion in abeyance subject to their good conduct for the remaining term of their course;

(iii) The parents of the petitioners will also furnish an undertaking of good conduct of the petitioners for the remaining term of their course to the institute; and

(iv) It is also agreed that the punishment of expulsion shall be reduced to suspension for one year, subject to good conduct of the petitioners.

6. Coult appreciates the efforts put in by counsel for the parties in arriving at an amicable arrangement in disposing of these matters. G.S.SISTANI, J — MAY 15, 2013 msr