Case Note & Summary
The petitioner, Rajeev Kumar Suman, a student of Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya, was rusticated by the university authorities. Aggrieved by the rustication order, he filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, seeking quashing of the order. The respondents, the university and its registrar, opposed the petition on the ground of maintainability, contending that the Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya Act, 1996 provides a statutory mechanism for resolution of disputes arising out of disciplinary action against students. Specifically, Section 33 of the Act allows a student whose name has been removed from the rolls to appeal to the Executive Council within ten days, and any dispute arising out of disciplinary action may be referred to a Tribunal of Arbitration at the request of the student. The High Court, after hearing the parties, observed that the Act provides a complete alternative remedy, including an appeal and arbitration, which the petitioner had not exhausted. The court held that the writ petition is not maintainable in view of the availability of an efficacious alternative remedy. Accordingly, the petition was dismissed, but the petitioner was granted liberty to avail the statutory remedy in accordance with law. The court did not adjudicate on the merits of the rustication order.
Headnote
A) Constitutional Law - Alternative Remedy - Exhaustion of Statutory Remedy - Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya Act, 1996, Section 33 - The petitioner, a student, was rusticated and filed a writ petition without availing the statutory remedy of arbitration provided under Section 33 of the Act. The High Court held that the writ petition is not maintainable as the Act provides a complete mechanism for dispute resolution, including an appeal to the Executive Council and arbitration. The court dismissed the petition, granting liberty to the petitioner to pursue the alternative remedy. (Paras 1-5)
Issue of Consideration
Whether the writ petition against rustication is maintainable when the Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya Act, 1996 provides a statutory remedy of arbitration under Section 33 for disputes arising out of disciplinary action against students.
Final Decision
The High Court dismissed the writ petition as not maintainable, granting liberty to the petitioner to avail the statutory remedy available under the Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya Act, 1996.
Law Points
- Exhaustion of alternative remedy
- Statutory arbitration
- Disciplinary action against student
- Writ jurisdiction not maintainable when statutory remedy available
