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Aslam Vs. All India Council for Technical Education, rep. by its Secretary and Others

Aslam vs All India Council for Technical Education, rep. by its Secretary and Others

Type Court Judgment Court Chennai Madurai Decided Nov 21, 2016
~3 min read
https://sooperkanoon.com/case/1186984

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Citation
Court
Chennai Madurai High Court
Judge
Decided On
Case Number
W.P.(MD)Nos. 21663 to 21667 of 2016 & WMP(MD)No. 15478 to 15492 of 2016
Subject
Miscellaneous

Case Summary

AI-generated summary - not the official court judgment text.

Miscellaneous

Key legal issue
Miscellaneous

Parties & Advocates

Appellant / Petitioner

Aslam

Respondent

All India Council for Technical Education, rep. by its Secretary and Others

Excerpt

.....suspension issued by the second respondent, these writ petitions have been filed. 3. according to the petitioners, they are studying 3rd year engineering course in the second respondent college and there was a clash between the third year and fourth year students, which resulted in the registering f.i.r. and now the investigation is pending against the students. in the above circumstances, by an order dated 30.08.2016, the 2nd respondent passed the impugned order suspending the petitioners and now the enquiry is also pending against them. the petitioners along with their parents appeared for enquiry for four occasions before the 2nd respondent, but the second respondent is not willing to conduct enquiry and prolonging the same. in the above circumstances, they have filed these writ petitions, challenging the order of suspension issued by the second respondent. 4. the learned counsel appearing for the respondents 2 and 3 submitted that now the enquiry committee has been constituted and the committee is also enquiring the matter and they will complete the enquiry on or before 16.12.2016. the learned counsel appearing for the respondents submitted that the petitioners may be directed to cooperate with enquiry and produce materials, if any, and the third respondent will consider the same and pass suitable orders. 5. in the above circumstances, without going into the merits of the case, the third respondent committee is directed to complete the enquiry, after issuing notice to the petitioners and considering their objections and other materials filed by the petitioners and pass suitable orders on merits on or before 16.12.2016. the petitioners are directed to cooperate with the enquiry. 6. with the above observation, these writ petitions are disposed of. no costs. consequently, connected miscellaneous petitions are closed.

Full Judgment

(Common Prayer:Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari, to call for the records on the file of the 2nd respondent in connection with the impugned order of suspension passed by him in his proceedings in Ref.No.NIU/PVC/039/2016 dated 30.08.2016 and quash the same as illegal and arbitrary in so far as the Petitioner is concerned.)

Common Order

1. These writ petitions have been filed for the issuance of a Writ of Certiorari, to call for the records on the file of the 2nd respondent in connection with the impugned order of suspension passed by him in his proceedings in Ref.No.NIU/PVC/039/2016 dated 30.08.2016 and quash the same as illegal and arbitrary in so far as the Petitioner is concerned.

2. Challenging the order of the suspension issued by the second respondent, these writ petitions have been filed.

3. According to the petitioners, they are studying 3rd year Engineering Course in the second respondent College and there was a clash between the third year and fourth year students, which resulted in the registering F.I.R. and now the investigation is pending against the students. In the above circumstances, by an order dated 30.08.2016, the 2nd respondent passed the impugned order suspending the petitioners and now the enquiry is also pending against them. The petitioners along with their parents appeared for enquiry for four occasions before the 2nd respondent, but the second respondent is not willing to conduct enquiry and prolonging the same. In the above circumstances, they have filed these writ petitions, challenging the order of suspension issued by the second respondent.

4. The learned counsel appearing for the respondents 2 and 3 submitted that now the enquiry committee has been constituted and the committee is also enquiring the matter and they will complete the enquiry on or before 16.12.2016. The learned counsel appearing for the respondents submitted that the petitioners may be directed to cooperate with enquiry and produce materials, if any, and the third respondent will consider the same and pass suitable orders.

5. In the above circumstances, without going into the merits of the case, the third respondent committee is directed to complete the enquiry, after issuing notice to the petitioners and considering their objections and other materials filed by the petitioners and pass suitable orders on merits on or before 16.12.2016. The petitioners are directed to cooperate with the enquiry.

6. With the above observation, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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