Oral Judgment: (Anoop V. Mohta, J.)
1. Rule, returnable forthwith. Heard finally by consent of the learned counsel for the parties.
2. The petitioner was rusticated therefore, this petition. Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya Act, 1996 (for short âthe said Actâ) provides for dispute settlement mechanism in Sections 32, 33 and 34 for the students in disciplinary cases which are reproduced as under:
Section 32:
(1) Every employee of the University shall be appointed under a written contract which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.
(2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee and an umpire appointed by the Visitor.
(3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.
(4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940.
(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
Section 33:
(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examination of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.
(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 32 shall, as far as may be, apply to a reference made under this sub-section.
Section 34: Every employee or student of the University or Institution shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of Institution, as the case may be, and thereupon, the Executive Council may confirm, modify or reverse the decision appealed against.
3. The challenge is to rustication order dated 16.04.2012 passed by respondent No.2. Another prayer is to place the matter before the Arbitral Tribunal. Considering the scheme and the purpose of establishing the Arbitral Tribunal and as it cover all these disputes arising out of any disciplinary action. We are inclined to dispose of the petitioner, as the issues and the contentions raised by the petitioner are required to be resolved by the Arbitral Tribunal as per the procedure.
4. Therefore, without expressing anything on merits of the matter, all the parties to take steps to appoint their respective Arbitrator; and proceed in accordance with the law.
5. The Arbitral Tribunal to consider the case as early as possible within a reasonable period, being a student disciplinary matter.
6. By consent, the petition is disposed of accordingly. Rule accordingly. No costs.