Writ petition challenging rustication of a student from college on ground of alternative remedy was dismissed. Court allowed time to file appeal before the Jury on merits without limitation issue.
Writ petition dismissed; petitioner allowed two weeks to file appeal before Jury for merit determination.
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Court No. - 54
Case :- WRIT - C No. - 32373 of 2019
Petitioner :- Gorang Tyagi Respondent :- Swami Vivekanand Subharti University Meerut And 2 Others
Counsel for Petitioner :- Deepak Kumar Jaiswal,Mohit Kumar Counsel for Respondent :- Nipun Singh,Nipun Singh
Hon'ble Saral Srivastava,J.
Heard Sri Deepak Kumar Jaiswal, learned counsel for the petitioner and Sri Nipun Singh, learned counsel for respondents no. 1 to 3.
The petitioner by means of the present writ petition has assailed the order dated 12.9.2019 passed by the respondent no. 2 whereby the petitioner has been rusticated from the college and his entry has also been barred.
Sri Nipun Singh, learned counsel for the respondents submits that the petitioner has an alternative remedy of appeal before The Jury under the rules namely Disciplinary Proceeding For Students.
Since, the petitioner has an alternative remedy of appeal, therefore, the writ petition is dismissed on the ground of alternative remedy.
However, it is provided that in case, the petitioner prefers any appeal before the Jury within a period of two weeks from today, the Jury shall decide the same on merits without entering into the question of limitation within a period of one month thereafter.
The writ petition is dismissed subject to the observations given above.
Order Date :- 14.11.2019 Ishan
Gorang Tyagi
Swami Vivekanand Subharti University Meerut
2 Others
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
