# Amity University, NOIDA & Ors v. State of U.P. & Ors

- **Citation:** (2024) 2 ILRA 709
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-01-25
- **Case number:** Special Appeal No. 637 of 2023
- **Bench:** Manoj Kumar Gupta, A.C.J. Donadi Ramesh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/amity-university-noida-ors-v-state-of-u-p-ors-51467
- **Pages:** 17

## Headnote

C.S.C., Sri Ajal Krishna, Sri Rijwa Ali Akhtar,
Sri Siddharth Khare, Sri Ashok Khare (Sr.
Advocate)

A.
Education
Law
-
Disciplinary
Proceedings - Principles of Natural Justice
- Second respondent, a B.Tech student, was
rusticated for six months (later reduced to three
months) for marking unauthorized "On Duty"
(OD) attendances - Writ Court quashed
rustication orders, citing violation of natural
justice due to lack of formal charge-sheet, nonsupply of adverse material, and enquiry report -
Held, the enquiry was not vitiated as the
student was aware of charges, participated in
multi-level enquiries, and admitted to marking
fake ODs - No material prejudice shown, as per
*ECIL Vs B. Karunakar* and "useless formality"
theory - Enquiry upheld, as procedural lapses
did not invalidate the process given the broadbased investigation involving multiple students
and faculty. (Paras 3, 14, 25, 28, 30, 32, 33, 34,
40)

B. Education Law - Rustication and B+
Grade Cap - Reformative Approach - Student's
rustication led to shortfall in attendance,
resulting in a B+ grade cap under Regulation
10(2)(h) - Writ Court directed removal of B+
cap and deletion of disciplinary references in
mark sheet, adopting a reformative approach -
Held, while B+ cap was a consequence of
rustication, the court declined to interfere with
the Writ Court's lenient view to avoid lifelong
adverse impact on the student's career -
Reformative
approach
upheld,
balancing
discipline
with
student
rehabilitation,
as
supported by *Shivam Kant Vs U.O.I.*. (Paras
3, 38, 39, 42)

C. Education Law - Suspension and
Examination Bar - Procedural Fairness -
Student claimed the University arbitrarily barred
him from filling the End Semester Examination
form on 14.11.2019, before his suspension on
15.11.2019 - Held, no prejudice caused, as
evidence
of
fake
OD
marking
justified
suspension, and the student could not have
appeared in the examination post-suspension -
University's action during ongoing institutional
enquiry (initiated 11.11.2019) was not mala
710 INDIAN LAW REPORTS ALLAHABAD SERIES
fide, as prima facie evidence existed against the
student. (Paras 14, 41)

Special
Appeal
Dismissed
-
Enquiry
Upheld, but Relief on B+ Cap and Mark
Sheet Upheld.

List of Cases cited:

## Text

_Characters 0–39,794 of 52,349. This is a partial read: ask again with offset=39794 for what follows._

2 All. Amity University, NOIDA & Ors. Vs. State of U.P. & Ors.
709
calling best candidates for interview,
inasmuch as teaching experience of a
candidate would be counted towards his merit
for short-listing.

37. The interpretation assigned in this
judgment to clause 7 of table 3A would
subserve the object of short-listing the best
candidates to be called for interview to the post
of Assistant Professors. The selections already
made, however, would not be reopened or
challenged on the ground that short-listing of
candidates was not done in the manner
indicated in this judgment. This is so as the
selected candidates are not a party to this bunch
of petitions nor their selections otherwise have
been
assailed.
The
respondents
would,
henceforth, short-list the candidates to be called
for interview for the post of Assistant Professor
in the manner indicated in this judgment. On
these terms the writ petition, special appeal and
the review application are disposed of. No
order is passed as to costs.
----------
(2024) 2 ILRA 709
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 25.01.2024

BEFORE

THE HON'BLE MANOJ KUMAR GUPTA,
A.C.J.
THE HON'BLE DONADI RAMESH, J.

Special Appeal No. 637 of 2023

Amity University, NOIDA & Ors.
 ...Appellants
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Appellants:
Sri Rahul Chaudhary, Sri G.K. Singh (Sr.
Advocate)

Counsel for the Respondents:
C.S.C., Sri Ajal Krishna, Sri Rijwa Ali Akhtar,
Sri Siddharth Khare, Sri Ashok Khare (Sr.
Advocate)

A.
Education
Law
-
Disciplinary
Proceedings - Principles of Natural Justice
- Second respondent, a B.Tech student, was
rusticated for six months (later reduced to three
months) for marking unauthorized "On Duty"
(OD) attendances - Writ Court quashed
rustication orders, citing violation of natural
justice due to lack of formal charge-sheet, nonsupply of adverse material, and enquiry report -
Held, the enquiry was not vitiated as the
student was aware of charges, participated in
multi-level enquiries, and admitted to marking
fake ODs - No material prejudice shown, as per
*ECIL Vs B. Karunakar* and "useless formality"
theory - Enquiry upheld, as procedural lapses
did not invalidate the process given the broadbased investigation involving multiple students
and faculty. (Paras 3, 14, 25, 28, 30, 32, 33, 34,
40)

B. Education Law - Rustication and B+
Grade Cap - Reformative Approach - Student's
rustication led to shortfall in attendance,
resulting in a B+ grade cap under Regulation
10(2)(h) - Writ Court directed removal of B+
cap and deletion of disciplinary references in
mark sheet, adopting a reformative approach -
Held, while B+ cap was a consequence of
rustication, the court declined to interfere with
the Writ Court's lenient view to avoid lifelong
adverse impact on the student's career -
Reformative
approach
upheld,
balancing
discipline
with
student
rehabilitation,
as
supported by *Shivam Kant Vs U.O.I.*. (Paras
3, 38, 39, 42)

C. Education Law - Suspension and
Examination Bar - Procedural Fairness -
Student claimed the University arbitrarily barred
him from filling the End Semester Examination
form on 14.11.2019, before his suspension on
15.11.2019 - Held, no prejudice caused, as
evidence
of
fake
OD
marking
justified
suspension, and the student could not have
appeared in the examination post-suspension -
University's action during ongoing institutional
enquiry (initiated 11.11.2019) was not mala
710 INDIAN LAW REPORTS ALLAHABAD SERIES
fide, as prima facie evidence existed against the
student. (Paras 14, 41)

Special
Appeal
Dismissed
-
Enquiry
Upheld, but Relief on B+ Cap and Mark
Sheet Upheld.

List of Cases cited:

1. Bihar School Examination Board Vs Subhash
Chandra Sinha & ors., AIR 1970 SC 1269

2. ECIL Vs B. Karunakar, (1993) 4 SCC 727

3. Aligarh Muslim University & ors. Vs Mansoor
Ali Khan, (2000) 7 SCC 529

4. M.C. Mehta Vs U.O.I., (1999) 6 SCC 237

5. Shivam Kant Vs U.O.I., (2015) 13 SCC 477

(Delivered by Hon'ble Manoj Kumar
Gupta, A.C.J.)

1. The instant intra court appeal under
Chapter VIII Rule 5 of the Rules of the
Court is directed against the judgement of
learned Single Judge dated 02.08.2023 by
which the writ petition filed by the second
respondent (student) was allowed and the
order dated 25.02.2020 rusticating him for
six months, the appellate order dated
16.03.2020 passed in appeal reducing the
period of rustication to three months, were
quashed.
The
appellant-University
was also directed to issue a fresh
mark sheet to the student treating
him as a regular student and to
evaluate him out of 100 marks,
which had the effect of removing
the 'B+' Cap and also not make any
reference to the disciplinary action
taken against the student in the
mark
sheet
and
delete
the
endorsement
"reappearance
in
September, 2020".

Facts:

2. The second respondent (student)
was admitted to B.Tech Course (Computer
Science) in the appellant-University in the
academic session 2016-2020. He cleared
six semesters till April, 2019. While in 7th
Semester, he was suspended by order dated
15.11.2019 with immediate effect by
appellant no.4 for act of indiscipline by
indulging in marking of unauthorised and
fake
"ODs"
(on
duty)
attendances.
Thereafter,
the
University
conducted
disciplinary proceedings against him and
several others. By order dated 25.02.2020,
the second respondent was rusticated from
the University for six months w.e.f.
15.11.2019, the date of his suspension.
Aggrieved thereby, the second respondent
preferred an appeal to the Vice-Chancellor.
The appeal
was
disposed
of
by
reducing the period of rustication
from six months to three months. The
second respondent thereafter preferred
the writ petition before this Court,
which has been allowed by the
impugned judgement.

Findings of the Writ Court:

3. The Writ Court has held that there
was violation of principles of natural
justice, as the student was not supplied the
adverse material nor the enquiry report. He
was also not served with any formal
charge-sheet
containing
statement
of
charges and, therefore, the order of
rustication and the appellate order were
held to be illegal. The Writ Court also took
into consideration the period of rustication
of three months already undergone, while
under suspension and taking a lenient view,
with the object of reformation, concluded
that
the
punishment
imposed
was
disproportionate. Consequently, the order
of punishment was held to be arbitrary and
illegal and was set aside. In consequence,
2 All. Amity University, NOIDA & Ors. Vs. State of U.P. & Ors.
711
further reliefs, as noted above, were also
granted.

Submissions of learned counsel for
the appellants:

4. Sri G.K. Singh, learned Senior
Counsel
for
the
appellant-University
submitted that the findings recorded in the
impugned order of the learned Single Judge
that there was no proof of service of notice
or intimation of charges to the student and
the
punishment
awarded
is
disproportionate, are perverse and contrary
to the material available on record. In
support of the said contention, reliance has
been placed on the written statement of the
student
addressed
to
the
Enquiry
Committee dated 06.12.2019, the whatsapp
chat of the student, the minutes of the
Disciplinary Committee meeting dated
11/12.02.2019, the statement of other
students- Aabhushan Verma, Riya Agarwal
and Lina Gupta; various correspondence
between the University and the second
respondent. It is submitted that the student
was well aware of the charges against him
and he never complained, even at the time
of filing appeal that he was not aware of the
charges or the nature of enquiry or that he
was not associated with the enquiry. It is
submitted that the student has not suffered
any prejudice, as the University had taken
action not
only
against the
second
respondent but against various other
students involved in the marking of
unauthorized "ODs" as well as against
faculty members, who were found guilty of
dereliction of duties. It is further submitted
that under the Regulations a minimum of
75% attendance was essential and if a
student falls short of attendance, he is not
permitted to appear in End-SemesterExamination. In the present case, the
student being under rustication, was not
having the requisite attendance, therefore,
in terms of Regulation 10(2)(h) of R-01 B+
Cap was rightly imposed. It is further
submitted that in any event, since the
rustication order has been set aside on the
ground of violation of principles of natural
justice, the appellant should have been
given option to provide opportunity to the
student and pass fresh order instead of
allowing the writ petition in toto. This was
all the more important as the enquiry
proceedings related not only to the second
respondent but a large number of other
students as well as faculty members, who
were involved in the racket. It is submitted
that in most of the cases, the punishment
orders have already been implemented or
are being implemented and the adverse
finding recorded by learned Single Judge
touching upon the validity of the enquiry
proceedings, without liberty to hold fresh
enquiry, will have very wide ramifications.

Submission of learned counsel for
the second respondent:

5. Shri Ashok Khare, learned Senior
counsel
appearing
for
the
second
respondent submitted that the findings
recorded in the impugned judgement are
perfectly valid. The enquiry stood vitiated,
as no formal charge-sheet was ever served
on the second respondent; that he was not
given opportunity to cross-examine the
witnesses; that adverse material was not
supplied to him; the enquiry report was also
not made available to him. He further
submitted
that
regulation
relating
to
imposition of B+ Cap was applicable only
to a case where a student reappears in an
examination i.e., where he has failed in the
main examination and not to a case where a
student could not appear in the main
examination because of rustication, as such,
the direction given by learned Single Judge
712 INDIAN LAW REPORTS ALLAHABAD SERIES
to remove B+ Cap is fully justified. It is
also urged that the action of the University
in not permitting the student to fill
examination
form
of
VII
Semester
Examination even before he was placed
under suspension on 15.11.2019 was
wholly illegal and malafide.

Analysis:

6. The appellant is an autonomous
University constituted under the Amity
University Uttar Pradesh Act, 2005. Under
the said Act, the University has framed
"Regulations on Conduct of Examinations,
Scheme of Evaluation and Discipline
Among
Students
in
Examinations".
Regulation
10
of
R-01
deals
with
attendance and the relevant part thereof is
extracted below:

"10. (1) ATTENDANCE

(a) Students are expected to have
100% attendance.

(b) Relaxation of maximum 25%
may be allowed to cater for sickness or
other valid reasons beyond the control of
the students for which written permission
of HoI/ HoD is mandatory.

(c) A student whose attendance is
less than 75%, whatever may be the reason
for shortfall, will not be permitted to appear
in the End Semester Examination (ESE).

However,
Student
may
be
permitted by Hon'ble Vice Chancellor with
B+ cap, by condoning attendance up to 5%
in
a
course,
under
the
following
circumstances:

i) If student falls sick for a certain
period during the semester.

ii) If student participates in any
events,
nationally/internationally,
representing the University.

(d)
Under
extreme
special
circumstances,
Vice
Chancellor
may
condone attendance upto 5% below 75%
without B+ Cap on grade on the
recommendation of HoI and Committee
constituted for the purpose.

(e)
Every
teaching
faculty
handling a class will take attendance till the
last session of the course as per LTP and
session plan. The percentage of attendance
upto this day will be calculated and
forwarded to Examination Department by
the HoI for issue of Admit Cards.

(f) If a student is continuously
absent for a period of two weeks without
permission, a notice will be sent to the
student and to his parents / guardian by the
Course Faculty, Programme Leader and
HoI/HoD, with a copy to the Office of Pro
VC (A)/Dean. Online system for better
monitoring must be developed.

(g)
Attendance
will
be
continuously monitored. Students falling
short
of
75%
attendance
will
be
counseled/warned
with
intimation
to
parents by HoI /HoD.

Fornightly basis - Course Faculty

Monthly
basis
-
Programme
leader

Mid-Semester - HoI/HoD

End-Semester - HoI /HoD.

(h) If a student remains absent
continuously
for
30
days
without
permission, his name will be struck off by
the HoI. Such a student may apply for readmission. The HoI will examine his
performance in all semesters and back log
of papers and forward recommendations to
Pro VC(A)'s/Dean office to decide as to
whether he should be given re-admission or
not. Based on the recommendations,
decision for re-admission and the semester
in which re-admission is to be given will be
taken. The student granted re-admission
will be required to pay the prescribed
readmission fee and will be governed by
Academic Regulations given above. The
2 All. Amity University, NOIDA & Ors. Vs. State of U.P. & Ors.
713
attendance will be calculated from the
commencement date of the semester and
not from the date of re-admission.

(i) "A student whose attendance
is between 70-75% and who does not fall
under Para 10 (1)(d), may be allowed to
appear in the End Semester Examination
(ESE) after obtaining written permission of
Vice Chancellor subject to the condition
that he/she will be awarded letter grade not
exceeding B+." This provision will not be
applicable to late admissions, lateral
admissions and transfer cases. If a student's
attendance is more than 75% in majority of
the courses and has attendance between 70
to 75% in few courses then his/her case
will be considered for special permission of
Vice Chancellor. The admit card should
indicate "Specially Permitted with B+ cap/
without B+ cap".

A Sub-Committee constituted as
under will decide the category of student
whether his/her case falls under 10(1)(d) or
10(1)(i).

(a)
Pro
Vice
Chancellor
/
Dean/Sr. HoI : Chairman (Nominated by
Vice Chancellor)

(b) One Dean of Faculty :
Member

(c) One Sr. Head of Institution :
Member

(d) One Sr. Professor : Member

(e) CoE : Member Secretary

Recommendation
of
the
Committee will be placed before Vice
Chancellor for approval before issue of
Admit Card clearly indicating the two
categories."

7. A student, whose attendance is
below 75%, is not permitted to appear
in
the
end
semester
examination.
Regulation 10(2), which relates to
action
in
cases
of
shortfall
of
attendance is extracted below:-

"(2) Action in Cases of Shortfall
of Attendance

(a) A student, whose attendance
is below 75%, will not be permitted to
appear in the ESE and will be awarded 'DE'
grade in that paper and treated as Fail in
that subject..

(b)
'DE'/F
grade
students
(Debarred due to shortage of attendance or
Fail in a course unit) are required to repeat
the course unit in the next corresponding
semester and reappear in the normal
schedule of ESE of that paper i.e. 'F' grade
student of 3rd semester may reappear in
that course unit in the 5th semester.

(c) 'DE' grade students will have
to apply to the HoI for re-appearing within
the first week of the commencement of the
corresponding semester. The HoI will
assign Guided Self Study Courses &
assignments under the faculty for the
concerned courses, of which, regular
assessment records will be put up by the
faculty to the HoI. HoI will forward the
recommendations for grant of permission to
re-appear in that course unit. Only on grant
of permission, a student will be allowed to
reappear.

(d) A student whose attendance is
75% or above but is unable to appear in a
paper/papers due to valid unavoidable
reasons and with proper written permission
from HoI will be awarded 'I' grade.
Students absent without valid reasons will
be marked 'AB'.

(e) 'I' grade students other than
those of Final Semester should apply to the
HoI within seven days after the last paper
for re-appearing for which the examination
will be held within 30 days of the last paper
and 'I' grade will be converted to
appropriate letter grade not exceeding B+.

(f) The final year students who
have obtained 'DE' grade may apply to reappear in those Courses of final two
714 INDIAN LAW REPORTS ALLAHABAD SERIES
semesters
only
in
the
Special
Supplementary Examinations to be held
within 30 days of the declaration of
Results.

(g) The final year students who
have obtained 'I' grade may apply to reappear in the subjects of Final Semester
only
in
the
Special
Supplementary
Examination to be held within 30 days of
the declaration of Results.

(h) In all cases of re-appearing
('DE', 'AB', 'I' & 'F' grade students), the
marks obtained by the students who
have re-appeared will be converted to
the
appropriate
letter
grade
not
exceeding B+.

(i) The 'I', 'DE', 'AB' & 'F' grade
students are allowed only one chance to
reappear.

(j) A student who has qualified in
a course unit is not allowed to re-appear in
that course unit subject to conditions as
given in para 20 (4).

(k)
Students
will
make
up
academic deficiency by attending extra
classes organized by the institution for
Guided Self Study Course (GSSC) during
PAP/PAW/ YB period as applicable.

(l) 70% attendance will be of the
actual class attended by the student
excluding the official duty period. The
attendance including OD should not be less
than 90% for allowing student to appear in
End Semester Examination."

8.

Regulation
11
deals
with
computation of attendance, which is as
follows:

"11.
COMPUTATION
OF
ATTENDANCE

(1)
Attendance
at
lectures,
tutorials, practicals, clinicals, sessionals, if
any, held during the academic session shall
be counted.

(2) Attendance at NCC/NSS
camp, Amity Cadet Corps/ Amity Military
Training
Camp,
seminars/
workshops
organized
by
other
Institutions/
Universities as approved by the University
or any such other training organized by the
University during the session shall be taken
as full attendance at lectures/ practicals/
tutorials on each such day of camp/ training
and the days of journey to such camp/
training
(excluding
the
period
of
holidays/vacations).

(3) Participation as a member of
the University/ Constituent Unit team in
any inter-University competition games &
sports
and/or
other
extra
curricular
activities shall be taken as full attendance
on the days of such competition and the
days of journey for participating therein.

(4) Participation as a member of a
recognized/approved
team
in
any
competition
shall
be
taken
as
full
attendance. The period will also include the
days of actual coaching, competition and
the days of journey for participating
therein.

(5) In determining the exact
number of minimum requisite attendance in
lectures,
tutorials,
seminars,
moots,
practicals, sessionals etc. fraction shall be
ignored.

(6) For re-admission of a student
whose name was struck off from the rolls
due to continuous absence from the classes
without information, attendance in lectures,
tutorials, practicals etc. in that semester/
trimester/year prior to re-admission shall be
counted.

(7) "Attendance for the normal
admission cases will be counted from the
date of commencement of the programme
of that semester. However, for late
admission/lateral admission/ transfer case,
the attendance will be counted from 4th day
2 All. Amity University, NOIDA & Ors. Vs. State of U.P. & Ors.
715
of the payment of fee or the date of
registration whichever is earlier".

(8) In case of International
Students of 1st Year (1st Semester),
attendance will be counted from the date of
Registration."

9. A perusal of Regulation 11 reveals
that attendance is also awarded, when a
student participates in any training camp,
seminar/workshop, sport event etc., apart
from the attendance obtained in usual
course in attending lectures, tutorials,
practicals, clinicals and sessionals.

10. The attendance earned by a
student, while participating in trainings,
seminars,
workshops
etc.,
or
while
participating in extra-curricular activities
are called "ODs".

11. The respondent-University had
developed a procedure for marking of
"ODs" attendances by an online system,
which was accessible through the login ID
and password of the authorized faculty
members. The charge against the second
respondent
was
that
of
marking
unauthorised "ODs" for other students,
although
not
entitled,
having
not
participated in any of the permissible
activities on the relevant date.

12.

The
respondent-University
initially
constituted
a
departmental
committee to hold preliminary enquiry. It
identified the second respondent and one
Bhanu Sharma of the Amity School of
Engineering and Technology involved in
marking of fake "ODs". During course of
enquiry, names of other students from other
departments
of
the
University
also
surfaced.
The
Departmental
Enquiry
Committee recommended for a proctorial
enquiry, as it was a cross institutional
matter. The Proctorial Board consequently
held the enquiry. After the names were
identified, the matter was handed over to
the Institutional Committee constituted on
11.11.2019 consisting of:

Dr. Manoj Kumar Pandey - Chairman

Dr. Abhay Bansal - Chairman

Members

Dr. Nitashhasteer

Dr. Madhuri Kumari

Prof. Vivek Kumar

Dr. R.K. Kapur

Dr. Basant Singh Sikarwar

Dr. Abhilshekh Singhal

Dr. H.P. Singh

Dr. R.K. Tomer

Dr. Sai Savita

13. The Committee interrogated
the second respondent and another
student Bhanu Sharma on 13 Nov
2019. These two students gave the
name of three more students and one
faculty and one staff member who
were sharing HOI Password with
them. Further, the second respondent
gave names of three faculty members
who were also involved in the fake
OD cases. Based on the above inputs,
the
Committee
interrogated
the
following students, staff, and faculty
members:

Students:

1. Mr. Prakhar Nagar

2. Mr. Bhanu Kumar

3. Mr. Tushar Puri

4. Mr. Prabal Gupta

5. Mr. Srijan Sharma and

Faculty and Staff Members:

a. Dr. Divya Upadhyay

b. Ms. Shanu Sharma

c. Dr. Sumita Gupta

d. Mr. Dev Kumar
716 INDIAN LAW REPORTS ALLAHABAD SERIES

e. Mr. Satish Kumar.

14. On 15.11.2019, the second
respondent was placed under suspension
for indulging in act of indiscipline, namely,
(a) indulging in or encouraging any form of
disruptive activity connected with tests,
examinations or any other activity of the
University or the college or the institution,
(b) indulging in undesirable activities.

15. The Committee submitted its
report on 02.12.2019 and recommended for
action being taken against various students
including the second respondent and also
certain faculty and staff members.

16. The case of the University is that
the second respondent and his parents
thereafter sent various e-mails to different
authorities of the University and started
meeting them. The University, in order to
ensure fair-play and transparency, decided
to go for enquiry by a University level
committee which was constituted on
11.12.2019 to enquire into the facts leading
to marking of fake ODs. The following
were the members of the said Committee:-

1.
Dr.
D.K.
Bandyopadhyay,
Chairman

Members

2. Dr. Sujata Khandai

3. Prof. R.K. Kapur

4. Dr. Alpana Kakkar

5. Dr. Manoj Kumar Pandey

6. Dr. Shefali Raizada

7. Ms. Mala Dev

Invited Member

8. Dr. Manohar Sajnani

17. The said Committee called
various students for interrogation on 12th
and 13th December, 2019. The second
respondent as well as 31 other students
appeared
before
the
Committee
for
interrogation
and
based
on
the
interrogation, submissions made by the
students and analysis of whatsapp chats, the
Committee recommended for action being
taken against the second respondent,
various other students and certain faculty
members.

18. According to the enquiry report,
the name of the second respondent was
mentioned by the students - Apoorv Goel,
Riya Agarwal, Shambhavi Sharma, Naina
Gupta
and
Aabhushan
Verma.
The
Committee found evidence of the second
respondent having copied password of
Amizone of Head of Institute from Mr.
Satish. He was also found guilty of putting
attendance at night from his residence by
using the password. The Committee was of
the opinion that the misconduct was of a
serious nature and amounted to a criminal
offence, but taking a sympathetic view, to
protect the interest of the students, it
recommended for different punishments for
different students, based on the seriousness
of
misconduct.
It
recommended
for
rustication of the second respondent for a
period of one year. Dr. Abhishek Singhal,
Faculty Member, who failed to perform his
duties as Deputy HoD with utmost care,
was replaced by another person. Dr.
Upadhya, who had given full attendance
without teaching was separated from the
Department and Dr. Nidhi and Ms. Shanu
Sharma from PL ships immediately. The
Committee
also
concurred
with
the
recommendation
of
the
Institution
Committee Report dated 2.12.2019 for
separation of Mr. Dev Chaudhary, AP-I,
Department of CSE, Mr. Satish Kumar,
Executive Secretary, Department of CSE.

19.

Thereafter
the
Students
Disciplinary Committee held its meeting on
2 All. Amity University, NOIDA & Ors. Vs. State of U.P. & Ors.
717
11.02.2020 and taking a lenient view, it
decided to rusticate the second respondent
only for six months. The findings of the
Students
Disciplinary
Committee
in
relation to the second respondent are as
follows:-

"He has accepted that he had
been marking OD's of other ASET student.
However, he has claimed that the login ID
and password was given by an ASET
Faculty every time as the Faculty had asked
him to help in marking the large number of
authorized
OD's
of
ASET
students.
However, he has not been able to explain
the unauthorized/false OD's he marked for
his friends."

20. Based on the recommendation of
the Students Disciplinary Committee dated
11.02.2020, the second respondent was
rusticated by order dated 25.02.2020 for six
months starting from his suspension date
i.e. 15th November, 2019. He was required
to submit an undertaking of future good
behaviour signed by him and his parents.

21.

The
second
respondent
aggrieved
thereby
preferred
appeal
before the Vice Chancellor. The Vice
Chancellor, taking into consideration
the career of the student and other facts
presented before her during personal
interaction,
reduced
the
rustication
period to three months from the date of
his suspension i.e. 12th November,
2019.

22. It is evident from the facts
narrated above that the University having
regard to the seriousness of the matter got
the enquiry conducted at three different
levels - initially by a Departmental
Committee; thereafter by a Proctorial
Board; and finally by University Level
Committee.

23. The second respondent was well
aware of the fact that all the aforesaid
enquiries were in relation to marking of
fake and unauthorised ODs. It is also an
admitted fact that the mobile phone of the
student was seized by the University in
connection with the enquiry. By e-mail
dated 23.11.2019, the second respondent
was informed that effort was made to
contact him for returning his mobile phone,
but he had not turned up. He was, therefore,
advised to come and take back his mobile
phone. The e-mail is to the following
effect:-

"Your mobile has been seized
for doing further investigations for
finding the fact related to fake official
duty (OD) ...... by you against payment
received by you in cash from Kumar
Bhanu Sharma.

We are trying to give your mobile
phone since last one week but you have not
collected till now.

You are advised to collect your
mobile phone as early as possible."

24. The second respondent responded
to the said mail on the same date and
alleged that he came to the University to
get back his mobile phone. However, he
and his parents were told by the Faculty
that they would prepare a letter signed by
all Committee members by 21.11.2019
relating to return of mobile phone and
would then return the mobile phone. He
returned, as the said letter was not ready.

25. It is evident from the aforesaid
exchange of e-mails between the second
respondent and the University that he was
aware of the specific charge that enquiry
718 INDIAN LAW REPORTS ALLAHABAD SERIES
was being held against him in relation to
marking of
fake
ODs.
The
second
respondent admittedly appeared before the
Enquiry Committee on 16.12.2019 and
gave the following letter in writing:-

The Committee

Sector-125, NOIDA

Amity University

6th December 2019

Respected Sir,

Prakhar Nagar of batch 2016-2020 of
B. TECH CSE would like to state that I got
password from Dev Sir. Dev Sir used to get
the password from Satish Sir.

One or two times. I have marked
OD of a student who are not present in
the university.

In 2016 when I came to college
seniors used to sit with Dev Sir to mark
ODs, so the students used to sit with Dev
Sir and mark OD's.

Last sem I have complained regarding
this to Dev Sir and given the clips of Akash
Gupta and Bhanu Sharma and Satish Sir as
they were involved in taking money.
During the last sem Satish Sir was absent
for 15 days approx. so during that time they
didn't have the HOI login password.

Thank You
Your Sincerely
Prakhar Nagar
7 CSE 44
A2305216644
Sd./ illegible
16.12.2019

26. In the appeal preferred by the
student before the Vice Chancellor, he
stated as follows:-

To,
Honourable Vice Chancellor
Amity University, Sec 12, U.P>
6th March 2020
Subject : Review Appeal
Respected Madam,
I Prakhar Nagar would humbly
request you to review the office order
released by the university authorities dated
on 25th February, 2020.
Madam I am your student my
career and life is on intake. I once again
with my folded hands would like to request
you to review the decision.
I have already submitted the
information to the enquiry committee
regarding the indiscipline.
Thank you
Yours sincerely,
PRAKHAR NAGAR
2016-2020
A2305216644

27. In para 12 of the writ petition,
the student admits that between "6.11.2019
to 25.02.2020 his parents were called by
the University and he alongwith his parents
met the Dean, Students Welfare, Proctor
and Members of the Enquiry Committee
constituted for such purpose on several
dates."

28. It is evident from the facts
narrated above that the second respondent
was aware of the gravamen of the
imputations against him; he participated in
the enquiry which was held at three
different levels and during pendency of
enquiry, he never complained of any fault
in the enquiry proceedings or violation of
any principle of natural justice as may have
caused prejudice to him.

29. It is not disputed that the charge
against the second respondent would fall
under the act of indiscipline (quoted in
2 All. Amity University, NOIDA & Ors. Vs. State of U.P. & Ors.
719
paragraph 14) which were clearly specified
in the suspension order.

30. The statement of the student
himself admitting that he had on some
occasion marked fake ODs of other
students and that money was being realised
from students for marking of fake ODs; the
statement of other students in which also
his role in the entire episode was clearly
mentioned and the whatsapp chats from his
mobile phone, the correctness of which was
never disputed by him, constituted material
evidence before the Committee to arrive at
the finding of guilt. Concededly, the
standard of proof in such an enquiry is not
the same as in a criminal trial. Some of the
relevant portions of whatsapp chats are
extracted below:-

"Payment can be done via cash or
through PayTM.

15/10/18, 20:00 - Prakhar Nagar :
Bhara tune yeh??

15/10/18, 20:00 - Z Kartik jain : Nhi

15/10/18, 20:01 - Z Kartik jain :
Bharta hu abhi

15/10/18, 20:05 - Prakhar Nagar : Haa

15/10/18, 22:35 - Prakhar Nagar : Kal
cash ya paytm dediyi

15/10/18, 22:40 - Z Kartik jain :
Okayy

15/10/18, 22:40 - Z Kartik jain : 350
cash dedunga

15/10/18, 22:40 - Prakhar Nagar :
Haan

29/10/18, 10:13 - Z Kartik jain : Aaj 45 ki od lag sakti hai?

29/10/18, 10:13 - Z Kartik jain :
Please

29/10/18, 10:14 - Z Kartik jain :
Attendance varna kam ho jaayegi

29/10/18, 14:19 - Z Kartik jain :
Bhaiya 4-5 maths ki hai please lagwa dena

30/10/18, 12:30 - Z Kartik jain : Kal ki
od lag jaayegi naa?"

---------------------------------------

19/12/18, 13:40 - Z Vansh Passi : OD
form maine bhar diya hai

19/12/18, 13:40 - Z Vansh Passi :
Aapko kaha aakr du?

19/12/18, 13:46 - Z Vansh Passi :

19/12/18, 17:16 - Z Vansh Passi :
Bhaiya lagwado OD plss

19/12/18, 17:16 - Z Vansh Passi : Date
:- 18/12/18

20/12/18, 09:10 - Z Vansh Passi :
Bhaiya plss lagwa dijiye

20/12/18, 09:23 - Prakhar Nagar : haa

20/12/18, 09:25 - Z Vansh Passi : Aaj
lag jayegi na!

20/12/18, 09:25 - Prakhar Nagar : haq

20/12/18, 09:34 - Z Vansh Passi : OK

20/12/18, 22:30 - Z Vansh Passi :
Bhaiya abhi tk nhi lagi hai attendance aap
plss dekhlo ek baar

20/12/18, 22:30 - Prakhar Nagar : yaar
wo miss time pura hogaya tha isliye kal lag
jayegi.

20/12/18, 22:30 - Z Vansh Passi : OK
bhaiya Thankyou

21/12/18, 09:24 - Z Vansh Passi :
Bhaiya aaj yaad se lagwa dena plss

21/12/18, 10:12 - Prakhar Nagar : laga
di

21/12/18, 10:31 - Z Vansh Passi :
Thankyou so much bhaiya

16/01/19, 10:18 - Z Vansh Passi :
Bhaiya??

16/01/19, 10:18 - Z Vansh Passi : Aap
abhi free ho meko aapse milna h kuch imp
hai

18/01/19, 17:30 - Z Vansh Passi :
Thursday->BEE tute (9:15-10:10)

Law (10:15-11:10)

Maths (11:15-12:10)

Chemistry (12:15-1:10)

18/01/19, 17:31 - Z Vansh Passi :
Vansh-A2305218407
720 INDIAN LAW REPORTS ALLAHABAD SERIES

Rishi-A2305218408, bhaiya dono ki
laga dena

18/01/19, 17:34 - Z Vansh Passi :
Friday - > Law(9:15-10:10)

Chemistry (10:15-11:10)

Maths (12:15-01:10)

Engineering graphics (1:15-2:10)

Engineering graphics (2:15-3:10)

18/01/19, 17:36 - Z Vansh Passi :
Bhaiya pls laga dena

20/01/19, 23:59 - Z Vansh Passi :
Bhaiya kal lagwa dena plss

21/01/19, 13:01 - Prakhar Nagar :
lagadi khush reh

21/01/19, 15:21 - Z Vansh Passi :
Thankyou so so so much bhaiyaa!

07/03/19, 11:51 - Z Vansh Passi :
Bhaiya abhi free ho?

11/03/19, 15:22 - Z Vansh Passi :

11/03/19, 15:22 - Z Vansh Passi :

11/03/19, 15:22 - Z Vansh Passi : EVS
ke alawa baaki sbki od lagwa do !

14/03/19, 15:00 - Z Vansh Passi :
Monday->
9-11
Technical
comm.
Wednesday - > 2-5 Basic electrical engg.

14/03/19, 15:13 - Z Vansh Passi : Bss
yeh do lagwaa do plss

26/03/19, 22:55 - Prakhar Nagar : Sun

26/03/19, 22:55 - Prakhar Nagar :
Sogaya Kya

26/03/19,
22:56
-
Prakhar
Nagar : Pool party rakhi hai

26/03/19,
22:56
-
Prakhar
Nagar : 4 ko 12 baje se

26/03/19, 23:06
- Z Vansh
Passi : Kaha pr hai?

26/03/19,
23:07
-
Prakhar
Nagar : 15 min dur amity se

26/03/19, 23:07
- Z Vansh
Passi : Kal milke batata hu

26/03/19,
23:07
-
Prakhar
Nagar : Haan 1400 price

26/03/19, 23:07
- Z Vansh
Passi : Meri class k bachhe aa skte
h?

26/03/19, 23:07 - Prakhar Nagar :
Haan

26/03/19, 23:07 - Prakhar Nagar : Koi
dikkat nahi

26/03/19, 23:07 - Z Vansh Passi :
Ohkk

26/03/19, 23:08 - Prakhar Nagar : Bas
class ke laiyo
26/03/19, 23:08 - Z Vansh Passi :
Hn hn

26/03/19, 23:08 - Prakhar Nagar : Red
label piyenge

26/03/19, 23:08 - Z Vansh Passi :

26/03/19, 23:19 - Prakhar Nagar : Kal
tak batadiyo

22/04/19, 13:34 - Z Vansh Passi :
Bhaiyaa! Yeh ntcc kya hai?

22/04/19, 13:34 - Prakhar Nagar : Hai
ek chutiyapa amity ka

24/04/19, 21:56 - Prakhar Nagar : Fbl
kaunsi hai

24/04/19, 22:14 - Z Vansh Passi :
German

24/04/19, 22:15 - Z Vansh Passi :
Shreya ki class m hi hu

24/04/19, 22:15 - Prakhar Nagar :
Acha

25/04/19, 00:01 - Z Vansh Passi :
Bhaiya ??

25/04/19, 00:01 - Prakhar Nagar :
Hanji

25/04/19, 00:01 - Z Vansh Passi :
German ka ppr leak hua hai kya?

25/04/19, 00:01 - Prakhar Nagar : Raat
mein patah chalega

25/04/19, 00:01 - Z Vansh Passi :
Shivam keh rha hi ki leak ho gya hai

25/04/19, 00:02 - Prakhar Nagar :
Nahi hua abhi german ka kisi ke pass nahi
hai

25/04/19, 00:02 - Z Vansh Passi :
OKK

25/04/19, 00:02 - Z Vansh Passi : Jb
bhi kuch pta chle toh bta dena

25/04/19, 00:02 - Prakhar Nagar : Haa
2 All. Amity University, NOIDA & Ors. Vs. State of U.P. & Ors.
721

25/04/19, 01:36 - Prakhar Nagar : Mila
phir

25/04/19, 01:36 - Z Vansh Passi : Nhi

25/04/19, 01:36 - Z Vansh Passi :
Shivam isn't responding!

25/04/19, 01:37 - Z Vansh Passi : Btao
hua bhi hai leak ya nahi?

25/04/19, 01:37 - Prakhar Nagar : Hua
toh hai frnch ka kisi ko chaiye ho

25/04/19, 01:37 - Prakhar Nagar : Toh
500 mein toh

25/04/19, 01:37 - Prakhar Nagar : Lelo

25/04/19, 01:37 - Prakhar Nagar : Baki
german

25/04/19, 01:37 - Z Vansh Passi :
Poochhaa maine ekdo se mana kr reh hai

25/04/19, 01:38 - Z Vansh Passi : Baki
german?

25/04/19, 01:38 - Prakhar Nagar : Ka
Bhi Keh diya hai nikalgaya hai

25/04/19, 01:38 - Z Vansh Passi :
Achha

25/04/19, 01:38 - Z Vansh Passi :

25/04/19, 01:38 - Z Vansh Passi :
Yeh aya hai kahi se

25/04/19, 01:40 - Prakhar Nagar :
Abe chutiyapa ignore

25/04/19, 01:40 - Z Vansh Passi :
German ka kitne ka hoga??

25/04/19, 01:40 - Prakhar Nagar :
Yaar wo jab niklega tabh

25/04/19, 01:40 - Z Vansh Passi :
ohkk

25/04/19, 01:40 - Prakhar Nagar :
Patah chalega

25/04/19, 01:40 - Z Vansh Passi :
Genuine hoga na?

25/04/19, 01:40 - Prakhar Nagar :
Haan

25/04/19, 01:41 - Z Vansh Passi :
Bta dena jaise bhi ho

25/04/19, 01:41 - Prakhar Nagar :
Ok

25/04/19, 01:50 - Prakhar Nagar :
German chaiye

25/04/19, 01:50 - Z Vansh Passi :
Kitne?

25/04/19, 01:50 - Prakhar Nagar : 2k

25/04/19, 01:50 - Z Vansh Passi : 500
ka aya hai ek se offer!

25/04/19, 01:51 - Prakhar Nagar :
Yaar mein agey se ata hai puchta hoon

25/04/19, 01:51 - Z Vansh Passi : Hn
bhaiya

25/04/19, 01:51 - Prakhar Nagar :
Agar esa hai

25/04/19, 01:51 - Z Vansh Passi :
Hosteller h ek keh rhi hai 500! Same aya
toh ok nhi toh paise vapis

25/04/19, 01:52 - Prakhar Nagar : 500
ka offer hai ab

------------------------

06/09/19, 08:36 - Z Shreya Amity : 35 od laga doge

06/09/19, 08:36 - Z Shreya Amity :
dad ka bday h

06/09/19, 08:36 - Z Shreya Amity :
jaldi ghr jaana h

06/09/19, 11:29 - Z Shreya Amity :
batado pls

06/09/19, 11:32 - Prakhar Nagar : Ok

-----------------------

02/11/18, 16:15 - z manav asija : Bhai
laga do please 5 k badd nahi lag paegi

02/11/18, 16:16 - Prakhar Nagar : laga
di

02/11/18, 16:24 - z manav asija :
Thankyou

03/11/18, 16:13 - Prakhar Nagar :
arush tera bhai hai?

03/11/18, 16:13 - z manav asija :
Asija?

Family friend

-------------------

05/08/19, 16:09 - z manav asija : Bhai
laga do please

05/08/19, 17:34 - Prakhar Nagar :
Laga di

05/08/19, 18:11 - z manav asija :
Thanks bhai
722 INDIAN LAW REPORTS ALLAHABAD SERIES

-------------------------

02/11/18, 13:38 - Z Akash Nigam :
Jasmine ki 1st nov ki nhi lgi bhai

02/11/18, 13:56 - Z Akash Nigam :

02/11/18, 13:57 - Z Akash Nigam :
Jasmine enrollment no. A2305218432

02/11/18, 13:57 - Prakhar Nagar :
lagadi

31. It is now well settled that
violation of natural justice is not a straight
jacket formula but depends on facts of each
case. Where enquiry is not against any
particular individual but broad based and
involves a large number of persons, it is not
always necessary to hold detailed enquiry
against each individual. If on examination
of facts, it emerges that a fair procedure has
been adopted without causing any material
prejudice to any person then the courts
have declined to interfere.