ORDER
D.S.R. Varma, J.
1. Since the questions that arise for consideration in both the writ petitions are similar and interconnected, both the petitions are being disposed of by this common order.
2. Challenging the proceedings dated 3-4-2003, the present writ petitions have been filed.
3. A bare perusal of the impugned proceedings issued by the Vice-Chancellor of the first respondent-University discloses that the petitioner is a student of the respondent-University, and he was involved in an incident of burning the effigy of the Vice-Chancellor in the month of July, 2002. It appears that an enquiry was conducted for the alleged indiscipline in both the writ petitions and, in both the enquiries, it appears that the petitioner was found guilty of violating the basic principles of Discipline, Decency and also Maintenance of Peaceful Atmosphere and Tranquility in the Campus. In this regard, it is not in dispute that because of the enquiry against the petitioner, the petitioner had lost one academic year. (Mow, the petitioner has to appear for the final semester of his course. It is stated that the examinations for the final semester are likely to be conducted during September/October, 2003
4. Mr. M.R.K. Choudhary, learned Senior Advocate, appearing for the respondent --University submits that only in order to maintain strict discipline, impugned proceedings were issued, as, the act of the petitioner in participating in burning of the effigy of the Vice- Chancellor leads to any amount of indiscipline among the student community in the campus.
5. It is to be noted that the petitioner was found guilty of violation of the Fundamental principles of Discipline, Decency and also Maintenance of Peaceful Atmosphere and Tranquility in the Campus. There cannot be any second opinion on the maintenance of absolute discipline in any area, including, in the academic institutions like the first respondent-University. But, the act of indiscipline by a student in an educational institution cannot always be equated with any other violation in other areas in the society. So far as the students are concerned, the process of learning includes learning of discipline, which is helpful in their being carved out as good citizens. More over studying and completing a particular course in a University lays a foundation for the student future prospects. At the last lap of academic career, if student is attached with a stigma, that would, in all probability, affect his behaviour in future as a citizen. In order to avoid such possibility, the University-authorities ought to show utmost restraint while imposing any punishment, particularly a severe punishment like expelling the student from the Campus. It is also to be noted that the act in which the petitioner is involved was not, definitely, an act of moral, turpitude, and in which event, the authorities would have certainly been justified in resorting to expelling the student from Campus. The authorities of the University are not only the teachers and administrators, but also friends, philosophers and guides to the students not only in the Campus, but also in society. A harmonious balance has to be struck between the authorities and teacher on one side and the students on the other. This court is in complete agreement with the concern of the University, so far as the aspect of indiscipline among the students is concerned, but the same cannot be a valid ground for the extreme step taken by the authorities expelling the petitioner from the institution. By the said action of the authorities, the balance between the administration and the students had been lost.
6. For the foregoing, without expressing any further opinion either on the conduct of the petitioner and the concern of the University as regards the discipline, I am of the considered view that the action initiated by the respondents through the impugned proceedings is totally unjustified. Accordingly, the impugned proceedings in both the writ petitions are set aside.
7. In the result, both the writ petitions are allowed with a direction to the respondents to permit the petitioner to appear for the ensuing examinations. No costs.