(Arun Mishra and S. Abdul Nazeer, JJ.)
Shivam Kant _____________________________________ Appellant
v.
Union of India & Ors. __________________________ Respondent(s)
Civil Appeal No(s). 6491 of 2018 (Arising out of Special Leave Petition (C) No. 15817/2018), decided on July 11, 2018
The Order of the court was delivered by
Order
1. Heard the learned counsel for the parties.
2. Leave granted.
3. We have gone through the orders passed by the Single Bench as well as by the Division Bench of the Allahabad High Court. The punishment imposed by Senate was extremely harsh.
4. Remand of the case by the High Court to Senate in such case is uncalled for as would prolong the agony of students. They have already suffered for sufficient period. No further action need be taken by the Senate as against the students. However, we direct that the students involved in the case to maintain the good behaviour and in case they again involve in any kind of similar misconduct, let the matter be reported to this Court. We will direct appropriate action against them, if considered necessary.
5. It is undertaken by the learned counsel appearing on behalf of the appellant that none of the students will be indulging in such kind of activities again.
6. In view of the aforesaid, we set aside the order of the High Court and Senate. Let the students now appear in the examination. The students shall not file any further litigation with respect to the subject matter. We have passed the order with respect to all the students. The order of Senate shall not be treated as disqualification in any way as against the students. No further proceedings to be taken by the Senate against any student and we set aside the impugned orders.
7. Accordingly, the appeal is allowed.
8. Pending applications, if any, stand disposed of.
Petition(s) for Special Leave to Appeal (C) No(s). 15817/2018
Shivam Kant _____________________________________ Petitioner
v.
Union of India & Ors ___________________________ Respondent(s)
Date : 11-07-2018 This petition was called on for hearing today.
(Before Arun Mishra and S. Abdul Nazeer, JJ.)
For Petitioner(s) Mr. Ankur Kashyap, Adv.
Mr. Vivek Raja, Adv.
Mr. Hasan Murtaza, AOR
Mr. Bijender Singh, Adv.
For Respondent(s) Ms. Pinky Anand, ASG
Ms. Madhavi Divan, Adv.
Ms. Snidha Mehra, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeal is allowed in terms of the signed order.
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