# Satyam Rai v. Banaras Hindu University, Varanasi & Ors

- **Citation:** WRIT - C No. 25122 of 2019
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2019-12-02
- **Case number:** WRIT - C No. 25122 of 2019
- **Bench:** Ajay Bhanot
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/satyam-rai-v-banaras-hindu-university-varanasi-ors-45200
- **Pages:** 40

## Headnote

Sri Krishna Raj Sigh Jadaun, Sri Rijwan Ali
Akhtar,
Sri
V.D.
Chauhan,
Sri
V.K.
Upadhyay

A. Constitution of India - Fundamental
Rights - Nature - Exhaustive or Evolving - The
Constitutional law defines the substance of
fundamental
rights
-
The
text
of
the
Constitution, is a conceptual philosophy of
fundamental rights, and not an exhaustive guide
3-5 All. Satyam Rai Vs. Banaras Hindu University, Varanasi & Ors.
1837
to fundamental rights - The text of the
Constitution is fixed, fundamental rights are
always evolving. This is the essence of
constitutional law jurisprudence - There is a
method in the evolution of constitutional law
jurisprudence. (Para 50 and 54)
B. Constitution of India - Interpretation -
Role of the Court - Evolution of constitutional
law rights are guided and controlled by the text
of
the
constitution,
long
settled
judicial
principles of interpretation of the constitution,
and judicial precedents in point - Development
of constitutional law happens on these sure
foundations. Constitutional rights are distilled
from this process - The judicial process would
have to evolve, to meet the felt needs of the
time - For the process to be credible and
efficacious, a change has to come from within
the judicial system - But change is inevitable, if
judicial adjudication is to be just and remain
relevant. In this regard, the High Court has a
responsibility to fulfill, if not an obligation
to discharge. (Para 55, 60 and 62)
C. Education - Importance - Education is the
supreme act of nation building, which essentially
means
nurturing
of
constitutional
values,
realization
of
constitutional
goals,
and
strengthening the rule of law - The quest for
knowledge defines the Indian civilization. A
salient feature in the search for learning,
distinguishes the Indian civilization - Knowledge
in Hellenic civilization was founded on reason.
The human thirst for knowledge was also
quenched by revelation - The distinctive feature
of learning in Indian civilization, is that India's
search for knowledge, while always embracing
reason as a method and never denying
revelation as a source, insists on realization as
its goal. (Para 63 and 65)
D. University - Role and contribution - The
universities are the custodians of the old values,
even as they ceaselessly push the boundaries of
modern knowledge - Through knowledge they
will learn, that humanity unites more than
diversity differentiates. With learning they will
understand, that diversity enriches human life,
and does not divide humankind - University is a
paternal institution. By the act of suspension or
debarment
of
a
delinquent
student,
the
university abandons its ward. The university has
solved its problem, but the society has one at its
hands - The role of the University does not end
in punishing perpetrators of violence. It begins
with the identification of the causes of violence,
communal hatred, and other forms of deviant
conduct - The fruit of knowledge imparted by
the univers

## Text

_Characters 0–39,929 of 126,964. This is a partial read: ask again with offset=39929 for what follows._

1836 INDIAN LAW REPORTS ALLAHABAD SERIES
शासन" का अुंतलनलहुत लसद्धान्त है लक
लसलवल दुष्पररणाम उत्पन्न करने वाला
आदेश, नैसलगुक न्याय के लसद्धान्तोुं का
अनुपालन करके ही पाररत लकया जायॆ।

15. वतुमान यालचका के तथ्यो से यह
लवलदत 15होता है, लक याची के लवरूद्ध
समस्त कायुवाही का आिार क्षेलत्रय पूती
अलिकारी
की
जााँच
आख्या
लदनाुंक
26.06.2016 है। उप लजलालिकारी एवुं
आयुक् ने उक् जाुंच आख्या को ही आिार
मान कर अपने लनणुय पाररत लकये है। इस
तथ्य15 से लक उक् जाुंच आख्या के प्रलत
याची को नहीुं दी गई है, प्रलत वादी के
अलिवक्ा इुंकार नहीुं कर पाये है। अतः यह
लसद्ध होता है लक उक् जाुंच आख्या की
प्रलत याची को कभी भी नही दी गई है। मै
याची के लवद्वान अलिवक्ा के कथन से
पूणुत: सहमत हाँ की लनणुय लेने की प्रलक्रया
में लनष्पक्षता नहीुं रखी गयी है व नैसलगुक
न्याय कॆ लसद्धान्तोुं का पररपालन नहीुं लकया
गया है।

16. उपरोक् लववेचना के प्रकाश में
एवुं उपरोक् वलणुत न्यालयक प्रलतपादनोुं के
गहन अध्ययन के उपरान्त, मै इस लनष्कषु
पर पहाँचता हाँ लक वतुमान वाद मे नैसलगुक
न्याय के लसद्धान्तो का अनुपालन नहीुं हआ
है। इस कारण से लनणुय लेने की सम्पूणु
प्रलक्रया दूलषत हो गई है। अतः ऐसी प्रलक्रया
को न्यायपूणु व दोषरलहत नहीुं कहा जा
सकता है। अतः आक्षेलपत आदेश लदनाुंक
16.09.2011
(उपलजलालिकारी
लनजामाबाद, आजमगढ) एवुं 25.01.2017
(आयुक्, आजमगढ मण्डल, आजमगढ)
न्यायपूणु न होने के कारण लनरस्त लकये जाने
योग्य है, अतः लनरस्त लकये जाते है। यह
यालचका इस आदेश कॆ साथ अुंलतम रूप से
लनस्ताररत की जाती है, लक वत्तुमान प्रकरण
उप लजलालिकारी आजमगढ को प्रलतशरण
इन लनदेशोुं के साथ लकया जाता है, वॊ
वत्तुमान प्रकरण को नैसलगुक लसद्धान्तोुं का
पालन करते हए, इस आदेश की प्रमालणत
प्रलतलललप के लमलने के चार सप्ताह कॆ
अुंतगुत, गुण दोष के आिार पर गनस्ताररत
करेंगे। यहाुं यह उल्लेस्खत करना आवश्यक
है लक इस न्यायालय ने वतुमान प्रकरण के
गुण दोष पर कोई लटप्पणी नहीुं की है।
----------
(2020)03-05ILR A1836
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 02.12.2019

BEFORE

THE HON'BLE AJAY BHANOT, J.

WRIT - C No. 25122 of 2019

Satyam Rai ...Petitioner
Versus
Banaras Hindu University, Varanasi & Ors.
 ...Respondents

Counsel for the Petitioner:
Sri Ashish Kumar Srivastava, Sri Ajay
Kumar Rai, Sri Ratnakar Upadhyay, Sri R.K.
Ojha

Counsel for the Respondents:
Sri Krishna Raj Sigh Jadaun, Sri Rijwan Ali
Akhtar,
Sri
V.D.
Chauhan,
Sri
V.K.
Upadhyay

A. Constitution of India - Fundamental
Rights - Nature - Exhaustive or Evolving - The
Constitutional law defines the substance of
fundamental
rights
-
The
text
of
the
Constitution, is a conceptual philosophy of
fundamental rights, and not an exhaustive guide
3-5 All. Satyam Rai Vs. Banaras Hindu University, Varanasi & Ors.
1837
to fundamental rights - The text of the
Constitution is fixed, fundamental rights are
always evolving. This is the essence of
constitutional law jurisprudence - There is a
method in the evolution of constitutional law
jurisprudence. (Para 50 and 54)
B. Constitution of India - Interpretation -
Role of the Court - Evolution of constitutional
law rights are guided and controlled by the text
of
the
constitution,
long
settled
judicial
principles of interpretation of the constitution,
and judicial precedents in point - Development
of constitutional law happens on these sure
foundations. Constitutional rights are distilled
from this process - The judicial process would
have to evolve, to meet the felt needs of the
time - For the process to be credible and
efficacious, a change has to come from within
the judicial system - But change is inevitable, if
judicial adjudication is to be just and remain
relevant. In this regard, the High Court has a
responsibility to fulfill, if not an obligation
to discharge. (Para 55, 60 and 62)
C. Education - Importance - Education is the
supreme act of nation building, which essentially
means
nurturing
of
constitutional
values,
realization
of
constitutional
goals,
and
strengthening the rule of law - The quest for
knowledge defines the Indian civilization. A
salient feature in the search for learning,
distinguishes the Indian civilization - Knowledge
in Hellenic civilization was founded on reason.
The human thirst for knowledge was also
quenched by revelation - The distinctive feature
of learning in Indian civilization, is that India's
search for knowledge, while always embracing
reason as a method and never denying
revelation as a source, insists on realization as
its goal. (Para 63 and 65)
D. University - Role and contribution - The
universities are the custodians of the old values,
even as they ceaselessly push the boundaries of
modern knowledge - Through knowledge they
will learn, that humanity unites more than
diversity differentiates. With learning they will
understand, that diversity enriches human life,
and does not divide humankind - University is a
paternal institution. By the act of suspension or
debarment
of
a
delinquent
student,
the
university abandons its ward. The university has
solved its problem, but the society has one at its
hands - The role of the University does not end
in punishing perpetrators of violence. It begins
with the identification of the causes of violence,
communal hatred, and other forms of deviant
conduct - The fruit of knowledge imparted by
the universities lies in the manifestation of
human values in the human personality and
expression of humanity in human conduct. (Para
67, 68, 162 and 163)
E. Constitution of India - Article 21 -
Human dignity - Fundamental Right - Human
dignity made a decisive contribution in the
development of the rights of life and liberty, in
jurisprudential systems of free societies across
the world - Human dignity is not inserted in the
text of the fundamental rights under the
Constitution of India. Human dignity occurs in
the Preamble to the Constitution of India -
Consistent and high authority have thus
entrenched human dignity as fundamental to
right to life, which flows from Article 21 of the
Constitution of India. (Para 92, 97 and 121)
F. Constitution of India - Article 21 -
Fundamental
Right
-
Right
against
dehumanizing elements of punishment - Every
form of punishment should protect the essential
sanctity of human life and comport with
fundamental norms of decency evolved by a
civilized
society
-
Dignity
of
an
individual/student is injured, when it is found
that the punishment precludes reform by
rehabilitative measures, and prevents self
enhancement by further education - The
degrading or dehumanizing elements of the
punishment have to be eliminated to bring it in
conformity with requirement of human dignity,
contemplated by Article 21 of the Constitution of
India. (Para 136 and 146)

G. Constitution of India - Article 21 -
Rehabilitation and Reformation - Absence of an
environment of reform, self development and
rehabilitation
in
a
university,
denies
the
opportunity of redeeming one's reputation - The
individual is permanently discarded by the
institution, and loss of human self worth is total
- This system of punishment is destructive of
fundamental elements of human dignity, and
1838 INDIAN LAW REPORTS ALLAHABAD SERIES
violative of Article 21 of the Constitution of
India. (Para 137)
H. Therapeutic Approach - Significance -
Solution of Social Dysfunction - Under the
therapeutic method, however, an individual's
happiness depends on his or her self-esteem,
and self-esteem is a by-product of public
recognition - With the rise of therapeutic
approaches
by
mid
century,
they
were
increasingly seen as social pathologies that
needed to be treated through counseling and
psychiatric intervention - Therapeutic solutions
to social problems, are being increasingly
recognized by social scientists, medical experts,
psychologists, and jurists alike. (Para 153 and
194)
I. Nudge - Methodology - Behavioral Change -
Importance of Yoga, Meditation and Vipassana -
The methodology of 'nudges', in creating
behavioral
change
has
been
gaining
acceptability.
The
organization
'Nudge'
in
Lebanon, has done noteworthy work with
refugee
children,
and
on
environmental
protection - The Behavioral Insights Teams
sometimes called 'Nudge Units', are also existing
in many nations including Australia, Canada,
Germany, Qatar, the United Arab Emirates,
Japan, the United States, and the United
Kingdom - Ancient branches of knowledge and
wellness like yoga, meditation, vipassana and so
on may prove to be rich resources to benefit
from. (Para 189, 190 and 191)
J. Doctrine of Proportionality - Punishment -
Balance between Institutional discipline and
Individual
rights
-
The
essence
of
proportionality is that, the competent authority
while imposing a punishment upon a delinquent
student, has to co-relate and balance the
imperatives of institutional discipline with the
demands of individual rights - Too light a
punishment will not be conducive to institutional
discipline. Too harsh a punishment will not be
consistent with norms of justice - Held, the
impugned action fails the test of proportionality
- Writ of mandamus regarding rehabilitation
program issued to the Universities. (Para 214
and 217)
Writ Petition disposed of. (E-1)
Cases relied on :-
1. S.B.I. & ors.Vs. P. Soupramaniane; (2019)
SCC OnLine SC 608
2. Vishaka Vs. St. of Raj.; 1997 (6) SCC 241
3. Rattan Chand Hira Chand Vs. Askar Nawaz
Jung, reported at (1991) 3 SCC 67
4. Sajjan Singh Vs. St. of Raj., AIR (1965) SC
845
5. Kesavananda Bharati Vs. St. of Kerala; (1973)
4 SCC 225
6. Maneka Gandhi Vs. U.O.I.; (1978) 1 SCC 248)
7. Olga Tellis Vs. Bombay Municipal Corpn.;
(1985) 3 SCC 545)
8. Prem Shankar Shukla Vs. UT of Delhi; (1980)
3 SCC 526
9. Francis Coralie Mullin Vs. UT of Delhi; (1981)
1 SCC 608
10. Bandhua Mukti Morcha Vs. Union of India;
(1984) 3 SCC 161
11. Khedat Mazdoor Chetna Sangath Vs. St. of
M.P.; (1994) 6 SCC 260
12. M.Nagaraj Vs. U.O.I., (2006) 8 SCC 212
13. Shabnam Vs. U.O.I., (2015) 6 SCC 702
14. Jeeja Ghosh Vs. U.O.I., (2016) 7 SCC 761
15.
Mehmood
Nayyar
Azam
Vs.
St.
of
Chhattisgarh; (2012) 8 SCC 1
16. National Legal Services Authority Vs.U.O.I.,
(2014) 5 SCC 438
17. Maharasthra University of Health Sciences
Vs.Satchikitsa Prasarak Mandal; (2010) 3 SCC
786
18. Selvi Vs.St. of Karnataka; (2010) 7 SCC 263
19. Sunil Batra (II) Vs. Delhi Administration;
1980 (3) SCC 488
20. T.K. Gopal Vs. St. of Karnataka; (2000) 6
SCC 168
21. Asfaq Vs. St. of Raj. & ors., (2017) 15 SCC
55
22. K.S. Puttaswamy Vs. U.O.I., (2017) 10 SCC
1
3-5 All. Satyam Rai Vs. Banaras Hindu University, Varanasi & Ors.
1839
23. Rosenblatt Vs. P Baer; 1966 SCC OnLine US
SC 22 : 383 US 75 (1966)
24. Armoniene Vs. Lithuania; (2009) EMLR 7
25. Procunier, Corrections Director, ET AL. Vs.
Martinez ET AL; 416 U.S. 396 (1974)
26. Trop Vs. Dulles; 356 US 86 (1958)
27. Avinash Nagra Vs. Navodaya Vidyalaya
Samiti & ors, (1997) 2 SCC 534
28. Devarsh Nath Gupta Vs. St. of U.P. & ors,
2019(6) ADJ 296 (DB)
29. Ranjit Thakur Vs. U.O.I., (1987) 4 SCC 611

(Delivered by Hon'ble Ajay Bhanot, J.)

This judgment has been structured by
dividing it into various sections to facilitate
analysis and for easy read. They are:

A. Reliefs sought
B. Arguments of learned counsels for the
parties
C. Facts
(i). Background
(ii). Suspension order : Consequences
(iii). Suspension order : Validity
D. Legal Issues common in all writ
petitions
E.
Stands of various respondents on
affidavits
(i).Response of IIT BHU
(ii).Response of AMU
(iii).Response of BHU
(iv).Response of UGC
(v).Response of UoI
F.
Evolution of Fundamental Rights by
courts
(i) Legislative lag, executive inertia
and fundamental rights
G. Process of law and the courts : Current
State & Contemporary Challenges
H. Education
(i). Importance and scope
(ii). Role and obligation of universities
I.
Discipline in Universities: Concept,
Need & Challenges
(i). Violence, intimidation and moral
turpitude
(ii).
Communal
disturbances
in
universities
(iii). Discipline in universities
(iv). Statutory approach to maintaining
discipline
J.
Statutory Regime of Punishments in
light of Article 21 & Doctrine of
Proportionality
K. Punishments & Article 21
(i). Right to human dignity
(ii). Supreme Court on human dignity
(iii).
Comparative
International
Jurisprudence
(iv). Constitutionality of punishments
under the statutes
(v).
Systemic
responses
:
Responsibilities of the State and the
universities
L.
Reform,
Self
Development
&
Rehabilitation:
(i). Role of universities in achieving
behavioural change
(ii). Imbibing constitutional values and
purging communal hatred
(iii). Present discontents of students
and solutions
(iv).
Creation
of
reform,
self
development,
rehabilitation
programmes
(v). Concerns of universities regarding
discipline & restraints during the
reformation,
self
development
&
rehabilitation programme
M. Proportionality and Punishment
N. Conclusions & Reliefs
1840 INDIAN LAW REPORTS ALLAHABAD SERIES
O. Appendix

A. Reliefs sought

1. The petitioner has assailed the
order dated 27.12.2017 passed by the
respondent no. 4, Assistant Registrar
(ACAD),
Banaras
Hindu
University,
Varanasi,
suspending
him
from
all
privileges and activities of the University
and hostel. The petitioner has further
challenged the consequential order dated
03.07.2019,
wherein
the
respondent
University declined to consider the case for
admission to any of the courses in the
University to the academic sessions 201920.

2. The petitioner has also prayed for a
writ in the nature of mandamus to
command the respondents to consider the
case of the petitioner for admission in M.A.
History for the academic session 2019-21.

B. Arguments of the learned counsel
for parties

3. Sri R. K. Ojha, learned Senior
Counsel
assisted
by
Sri
Ratnakar
Upadhyay,
learned
counsel
for
the
petitioner submits that the impugned order
was passed in violation of the statutes of
the university. The punishment imposed
upon the petitioner is disproportionate.
There is no provision for reform and
rehabilitation of delinquent students in the
statutes, which has resulted in violation of
the fundamental right of the petitioner
guaranteed under Article 21 of the
Constitution of India.

4. Sri Anish Kumar, Sri Pankaj Misra
and Sri Gaurav Pundir, learned counsels for
the petitioner in connected writ petitions
adopt the aforesaid arguments of the
learned Senior Counsel, apart from raising
factual issues peculiar to the respective writ
petitions in which they appear.

5. Sri V.K. Upadhyaya, learned
Senior Counsel assisted by Sri V.D.
Chauhan, learned counsel for the BHU
submits that the BHU has taken action as
per law.

6. The learned Senior Counsel relied
on the affidavits filed by the B.H.U., on
creation of a reform and rehabilitation
programme for delinquent students.

7. Sri Ajit Kumar Singh, learned
Senior Counsel assisted by Sri V. D.
Chauhan, learned counsel for the IIT
BHU, contends that the IIT BHU, as a
matter of policy accepts and is willing to
adopt a professionally designed reform
and
rehabilitation
programme
for
delinquent students. However, good order
and discipline have to be maintained in
the university, at all costs. In fact IIT
BHU is currently even running a reform
programme. He fairly conceded that the
programme is not fully developed, and
does not have a supporting statutory/legal
frame work.

8. Sri Shashank Shekhar Singh,
learned counsel for the respondent-AMU,
submits that the AMU fully accepts the
idea of a reform and rehabilitation
programme for delinquent students on an
institutional basis. He however contends
that no compromise with the good order,
discipline, and the stability of the
academic atmosphere can be made in any
manner.

9. Sri Rizwan Akhtar, learned
counsel
for
the
UGC, Sri
Rakesh
3-5 All. Satyam Rai Vs. Banaras Hindu University, Varanasi & Ors.
1841
Srivastava, and Sri Abrar Ahmed, learned
counsels for the Union of India, have also
been heard.

C. Facts

(i) Background

10. The petitioner claims that he is
eligible for admission to the M.A. History
course in the respondent University, in the
academic session 2019-21. He has been
denied admission on the foot of the
impugned order of suspension dated
27.12.2017 and the consequential order
dated 03.07.2019.

(ii)
Suspension
order
:
Consequences

11. The petitioner was suspended
from all privileges and activities of the
University and hostel by order dated
27.12.2017 purportedly passed under ECR
No. 264 of 1979 as contained in Chapter
VIII of the BHU Calender Part I Volume II,
providing
for
ordinances
governing
maintenance of discipline and grievances
procedure.

12. Consequent to the order dated
27.12.2017, the petitioner shall remain
suspended, till his acquittal by the court in
the criminal case. No terminal date can be
set for conclusion of the criminal trial.
Hence the suspension is for an indefinite
period. The suspension order bars the
petitioner, from entering the university
campus, or accessing any facilities therein.
All further academic pursuits are denied to
the petitioner during the suspension. The
effect of the order of suspension is
punitive.

(iii) Suspension order : Validity

13. The order dated 27.12.2017, has
been passed in purported exercise of
powers of the ECR No. 264 of 1979, as
contained in Chapter VIII of the BHU
Calender Part I, Volume II, providing for
ordinances
governing
maintenance
of
discipline and grievances procedure.

14. The order dated 27.12.2017
passed by the Assistant Registrar (ACAD),
Banaras Hindu University, Varanasi which
suspends the petitioner from all privileges
and activities of the University and hostel,
records that an F.I.R. No. 1510 of 2017 was
registered under Sections 147, 148, 427,
435, 341, 323, 34 I.P.C and 3⁄4 Prevention
of Damage to Public Property Act, 1984,
against a number of students including the
petitioner.
The
order
references
the
communication of the Chief Proctor,
B.H.U.
dated
26.12.2017,
which
recommends disciplinary action against the
students named in the F.I.R., along with the
petitioner.

15. The validity of the impugned
suspension order, on its merits shall be
considered, in the following sequence. The
examination of the material available
before the authority passing the order, will
be followed by the consideration of scope
of the provisions. Finally, adherence to the
procedure prescribed by law will be tested.

16. The provision under which the
suspension order was passed, empowers the
competent authority of the University, to
suspend a student from all privileges and
activities of the University, when such
student is "accused of, or involved in, an
offence involving moral turpitude or
heinous crime (including those involving
violence or intimidation) and is wanted by
the police or has been released on bail in
connection with any such offence, or
1842 INDIAN LAW REPORTS ALLAHABAD SERIES
detained under any provision, or against
whom Police investigation or criminal
prosecution for any such offence is
pending, of enquiry under U.P. Goonda Act
is initiated;"

17. Lodgement of an F.I.R. for any
criminal offence, does not automatically
lead to a suspension, under the aforesaid
provision.

18. The intention of the legislature is
not far to seek. Lodgement of false criminal
cases, is not uncommon in the country.
Further criminal trials take an inordinately
long time to conclude. No terminal date can
be set, once criminal proceedings are set in
motion.

19. Mechanical exercise of power of
suspension, upon mere lodgement of a
criminal case, will lead to unintended
consequences. On many occasions, it
would lead to an indefinite suspension, and
denial of opportunities of education. At
times causing a stigma, without any
enquiry.

20. The provision obligates the authority,
to record its satisfaction whether the FIR is in
respect, of an offence involving moral
turpitude, or a heinous crime (including those
involving violence and intimidation). This
condition precedent has to be followed before
an order of suspension is passed.

21. Moral turpitude is a phrase of wide
ambit. Some definitions of moral turpitude,
from good authority will be extracted, to take
the discussion forward. The Black's Law
Dictionary defines "moral turpitude" as under:

"An act of baseness, vileness or
depravity in the private and social duties which
a man owes to his fellow men or to society in
general, contrary to the accepted and
customary rule of right and duty between man
and man."

22. According to Bouvier's Law
Dictionary, meaning of "moral turpitude" is
under:

"Bad faith, bad repute, corruption,
defilement, delinquency, discredit, dishonor,
shame, guilt, knavery, misdoing, perversion,
shame, ice, wrong."

23. The mere commission of a criminal
offence, will not lead to an inference, that the
act is one of moral turpitude. Offences which
can be categorised, as those involving "moral
turpitude", will be depend on the facts of each
case.

24. The scope and terms of such
enquiry, were elaborated by the Hon'ble
Supreme Court, in the case of State Bank
of
India
and
Others
Vs.
P.
Soupramaniane, reported at 2019 SCC
OnLine SC 608, by holding that:

"10. There is no doubt that there
is an obligation on the Management of the
Bank to discontinue the services of an
employee who has been convicted by a
criminal court for an offence involving
moral turpitude.Though every offence is a
crime against the society, discontinuance
from service according to the Banking
Regulation Act can be only for committing
an offence involving moral turpitude. Acts
which disclose depravity and wickedness of
character can be categorized as offences
involving moral turpitude. Whether an
offence involves moral turpitude or not
depends
upon
the
facts
and
the
circumstances of the case. Ordinarily, the
tests that can be applied for judging an
offence involving moral turpitude are:
3-5 All. Satyam Rai Vs. Banaras Hindu University, Varanasi & Ors.
1843

a) Whether the act leading to a
conviction was such as could shock the
moral conscience or society in general;

b) Whether the motive which
led to the act was a base one, and

c) Whether on account of the
act
having
been
committed
the
perpetrators could be considered to be
of a depraved character or a person
who was to be looked down upon by the
society.8

11.The other important factors
that are to be kept in mind to conclude
that an offence involves moral turpitude
are :- the person who commits the
offence; the person against whom it is
committed;
the
manner
and
circumstances in which it is alleged to
have been committed; and the values of
the society.9According to the National
Incident - Based Reporting System
(NIBRS), a crime data collection system
used in the United States of America,
each offence belongs to one of the three
categories which are: crimes against
persons, crimes against property, and
crimes against society. Crimes against
persons include murder, rape, and
assault where the victims are always
individuals.
The
object
of
crimes
against property, for example, robbery
and burglary is to obtain money,
property,
or
some
other
benefits.
Crimes against society for example
gambling,
prostitution,
and
drug
violations,
represent
society's
prohibition against engaging in certain
types of activities. Conviction of any
alien of a crime involving moral
turpitude is a ground for deportation
under the Immigration Law in the
United States of America. To qualify as
a crime involving moral turpitude for
such
purpose,
it
requires
both
reprehensible conduct and scienter,
whether
with
specific
intent,
deliberateness,
willfulness
or
recklessness."

25. A similar fact based enquiry,
will determine if the offending act, was
a "heinous crime (including those
involving violence & intimidation)".

26.

Satisfaction
of
these
jurisdictional
prerequisites,
is
not
recorded in the impugned order. No
enquiry in that regard was conducted.
The issue whether the offending act
attributed to the petitioner, fell in the
categories of "heinous crime (including
violence and intimidation) or was an act
of moral turpitude", is wholly absent
from
consideration.
The
impugned
order suffers from non application of
mind, and was passed mechanically.

27. In light of the preceding
discussion, this Court finds that, the order
dated 27.12.2017 was passed in violation of
ECR No. 264 of 1979, as contained in
Chapter VIII of the BHU Calender Part I,
Volume II, providing for ordinances,
governing maintenance of discipline and
grievances procedure, and is arbitrary.

28. The order dated 03.07.2019, being
a consequential one, has no legs to stand on
after it is found that the order dated
27.12.2017 is illegal and arbitrary.

D. Legal Issues common in all writ
petitions

29. Absence of any reform and
rehabilitative
measures,
in
the
administrative and legal frameworks of the
universities,
has
serious
legal
and
constitutional implications.
1844 INDIAN LAW REPORTS ALLAHABAD SERIES

30. The impugned action and the
statutory regime, of imposing punishments,
will also be judged in such constitutional
and legal perspectives. The discussion on
these issues, shall be common in all the
companion writ petitions.

31. Calling attention to the statutes of
the universities namely, BHU, IIT BHU
and AMU, the learned counsels for the
petitioners; contended that the said statutes
do not contain provisions for reform and
rehabilitation of delinquent students. The
action against delinquent students, is
governed and regulated, solely by the penal
provisions, of the statutes of the respective
universities. The punitive scheme is a
common thread, in the statutes of all the
three universities.

32. In response, all the counsels for
the various respondents universities', in fact
conceded, that as on date no structured and
professionally designed programmes for
reform, self development and rehabilitation
of delinquent students, backed by a proper
legal frame work, exist in the respective
universities.

33. Accordingly, various orders were
passed by this Court, from time to time,
requiring
the
respective
universities
namely, Banaras Hindu University, Indian
Institute of Technology Banaras Hindu
University, and Aligarh Muslim University,
as
well
as
the
University
Grants
Commission and the Union of India
through the Ministry of Human Resource
Development, New Delhi, to submit their
responses in regard to creation of a reform
and
rehabilitation
frame
work,
for
delinquent students in universities and
institutions
of
higher
learning.
The
respondents were also required to indicate,
whether they had any opposition or even
reservation, in regard to the creation of the
reform and rehabilitative programme for
delinquent students in the universities.

34. All the respondents namely
Banaras Hindu University (hereinafter
referred to as BHU), Indian Institute of
Technology, Banaras Hindu University
(hereinafter referred to as IIT BHU),
Aligarh Muslim University (hereinafter
referred to as the AMU) as well as Union
of India through Ministry of HRD and
University Grants Commission (hereinafter
referred to as UGC) have submitted their
responses to the aforesaid issues.

E. Stands of respective respondents
on affidavits

(i) Response of IIT BHU

35. The IIT BHU in its affidavit has
recorded its full agreement with a reform
oriented approach, to deal with deviant
behaviour in students. Thus IIT, B.H.U.,
has made a ringing endorsement, of the
need to adopt a reform and rehabilitation
programme
for
delinquent
students.
However, it has also underscored the need
for punitive action, to maintain a peaceful
environment in the campus. The relevant
paras
of
the
affidavit
are
quoted
hereinunder:

"2. That the present affidavit is
being filed in compliance of the order
dated 19.9.2019 passed by this Hon'ble
Court.

4.
That
the
Institute
as
indicated in the foregoing paragraph, is
in full agreement with a reform oriented
approach. However, in cases where
reformative steps do not yield the
desired corrections in behavior and
actions of erring students, the Institute
3-5 All. Satyam Rai Vs. Banaras Hindu University, Varanasi & Ors.
1845
has to resort to punitive action in order
to maintain the peaceful environment in
the campus."

36. By categorically stating its
commitment to reform of delinquent
students, the IIT BHU has been true to its
founding principles, and has faithfully
discharged its obligations, under law and to
the society.

(ii) Response of AMU

37. Upon orders being passed by this
Court, the AMU to its credit, constituted an
expert committee. The report of the expert
committee has been submitted, and is made
part of the record of the Court. The relevant
parts of the Committee Report are extracted
hereinbelow:

"In the light of the above the
committee observes as under:

1. Our criminal justice system
envisages two type of laws: one for
Juveniles and second for other than
Juveniles. There is a separate law for
Juveniles known as Juvenile Justice Act,
2015 whereas others are covered under
Code of Criminal Procedure, 1. 1976 and
Indian Penal Code, 1860. The application
of AMU Discipline and Conduct Rules,
1985 does not come primarily under the
definition
of
Juvenile
therefore
the
protection available to Juveniles are not
available to the Students of the university in
general. It becomes more relevant in view
of the fact that at the time of admission
every the disciplinary jurisdiction of the
Vice Chancellor and the other authorities
of the University is required to sign a
declaration to the effect that he submits
himself to the disciplinary jurisdiction of
the
Vice
Chancellor
and
the other
authorities of the University.

2. That it is also pertinent to
mention
here
that
Aligarh
Muslim
University is primarily a RESIDENTIAL
UNIVERSITY and there are approximately
36,665
Students
[22.593
University
Students and departments/courses/Schools
in the Aligarh Muslim University. Among
these students 12,158 students reside in 56
Hostels (22 for girls) in the campus within
the radius of 10 KM. Therefore, the future
career of thousands of the students cannot
be allowed to be jeopardized for the sake of
handful of students who are involved in the
indiscipline act and are destroying the
whole atmosphere of the University.

3. In principle that criminal
activity has no role to play in our education
system therefore the students who are
involved in the criminal activity have also
no role to play in our education system.
The students who are indulged in the
criminal activity have different mind-set
and have nothing to do with their studies.
They are not at all interested to pursue
their studies and their presence only
hampers the study of the other students who
are interested to pursue their study. It is the
duty of the University to marginalize such
type of students so that the students at
large, who are more interested to pursue
their studies, may pursue their studies in
cordial and peaceful/ atmosphere.

4. That as per existing rules of the
University,
there
is
no
compulsory/
mandated counselling available to students
against whom the discipline and conduct
rules are invoked. These rules are also not
invoked in a routine way but being a
residential University there are day-today
interactions/counselling with the Wardens,
Provost Tutors, Teachers and Senior
Students holding positions of Senior
Hall/Food etc.

5. That the extreme punishments
as provided in the 1985 rules are invoked
1846 INDIAN LAW REPORTS ALLAHABAD SERIES
when there is an extreme situation and
continuance/presence
of
the
students
became
a
threat
to
the
academic
environment and campus life of the
University.

6.
At
the
same
time
the
observations of the Hon'ble Mr. Justice
Ajay Bhanot in this matter are highly
appreciable in the context to infuse a
reformative approach that the solution lies
in engaging with the students, and
harnessing their energies creatively. Errant
behavior has to be reformed and not
condemned. Erring students have to be
transformed and not judged. The purpose
of education is to unlock the immense
potentiality in the human resource of the
nation. This is possible by bringing about a
conceptual shift in the concept of enforcing
discipline, in the portals of the University.
Indiscipline
unchecked
is
indiscipline
unleashed. But it is equally true. that
expelling students from the University is a
short term, if not a myopic view of the
issue. A balance has to be drawn by the
University authorities. The University has
to create an ecosystem, with qualified staff
and detailed programs of engaging with
such students, with a view to give them an
opportunity
to
reform
themselves.
Expulsion of students would abandon them
to their own devices, close the doors of
reformation to them, and shut them out
from the redeeming light of knowledge.
Leaving children accused of misconduct or
deviant behavior, to fend for themselves
would create issues for the society at large.
In case Universities decline to shoulder the
responsibilities of bringing such children
back to the correct path, and do not
provide the frame work for mainstreaming
this class of students, the consequences
would be detrimental to the society at
large. There is no better institution in our
democratic frame work, to embrace the
young and questing spirits who have
strayed from their path of morally upright
and correct conduct. The Universities are
uniquely equipped to deal with the
challenge on an institutional basis. The
Universities are repositories of knowledge,
resources and experience to meet the
challenge at hand. What is at stake, is not
merely the future of an individual, but
stability of the society The concerns of the
society have to be handled by the
University. The magnitude of the challenge
is large, but it is imperative for the
Universities to accept it and provide the
adequate response.

After detailed deliberations and
in the backdrop of above the committee
proposes that:

1.
Structural
reformative
approach may be included in the AMU
Students Conduct and Discipline Rules of
1985 as this committee has identified some
areas (not all inclusive) for counselling by
a psychologist as enumerated above.

2.
As
the
misconduct
offences/crimes related to internet and
cyberspace were not available when the
Discipline Rules were framed, the same
needs to be identified and appropriately
included in the AMU Students Conduct and
Discipline Rules of 1985 as it is growing
among young and youth.

3. Outside campuses were not
established when these rules were framed,
hence, there is also need to amend these
rules to include a structure for those
centres.

The
committee
therefore
recommends to the Vice-Chancellor as
follows:

AMU
Students
Conduct
and
Discipline Rules 1985 were framed almost
30 years back and in the light of the
observations given above, a detailed and
exhaustive exercise may be undertaken by a
3-5 All. Satyam Rai Vs. Banaras Hindu University, Varanasi & Ors.
1847
committee to be appointed by the ViceChancellor under the convenorship of the
Proctor of the University to formulate and
propose a draft of revised AMU Students
Conduct and Discipline Rules, inclusive of
reformative
approach, after
exploring
similar rules already enforced by sister
universities and institutions in India and
abroad for further consideration of the
Vice-Chancellor and Academic Council of
the University."

38. The AMU has thus in principle,
recognized the need for a reform and
rehabilitation programme for delinquent
students in some areas in the university.
The AMU too has accorded top priority, to
the maintenance of discipline in the
campus, and is rightly unwilling to
compromise with the same.

(iii) Response of BHU

39. The initial affidavit filed by the
BHU, in regard to their stand on a
reformative and rehabilitation programme
for delinquent students, stated in effect that
the reformation of the students indulging
deviant behaviour is achieved, by providing
for various categories of punishments,
depending upon the nature of indiscipline.
It further asserted, that in the name of
reformation, the University cannot give a
"go by", to the objectives of the university.
The relevant paras 17 and 18 of the
affidavit dated 17.09.2019 are extracted
hereunder:

"17. In the present case no such
conditions
exist
and
as
such
the
continuance of the order of suspension of
the petitioner from the privileges of the
University and Hostel is in accordance
with law. That 17. it is the University
humbly that submitted administration and
the Vice-Chancellor in particular is the
custodian of the interests of all the students
involved in various academic pursuits in
the University. In the case of Banaras
Hindu University the number of all the
students at various levels runs into more
than
30
thousand.
For
the
smooth
functioning
of
the
University
and
maintenance of an environment conducive
to academic pursuits the interest of an
individual student must give way to the
larger interests of all the students as a
whole. This is not only in the interest of the
students themselves but also in public
interest. In the of reformation of the
students
the
University
name
administration cannot give a go by to the
objectives of the University nor can it take
an action which may have the potential of
destroying the smooth functioning of the
University embroiling the University in
large scale unrest both in the student as
well as in the teaching community. If the
University such situation is brought about
a administration would be failing in its
duty. The fact that Banaras Hindu
University
is
the
largest
residential
University in the country if not the world
cannot be lost sight of. Even small spark
has the potential of turning into a
conflagration which may become difficult
to contain.

18.
That
the
facility
and
provisions aimed at reformation of the
erring students found indulging in deviant
behavior is inherent in the Ordinances of
the University dealing with students'
indiscipline by providing for various
categories of punishments depending upon
the nature of indiscipline."

40. However, subsequently, the BHU
filed an affidavit on 26th September, 2019,
easing its reservations, against a reform and
rehabilitation programme. The affidavit
1848 INDIAN LAW REPORTS ALLAHABAD SERIES
exhibited a shift in stand, indicating a
willingness to consider a reformative
approach. The para 7 of the affidavit is
extracted hereunder:

"7.
That
all
the
aforesaid
mechanisms and provisions exist in the
University for creation and preservation of
an academic ambience conducive to
teaching and learning and vibrant and
peaceful community life. However, there
exist no provision in the Rules of the
University for any formal reformative
mechanism or process for such students as
are found involved in an offence involving
moral turpitude or heinous crime and
hence are suspended from the privileges of
the University. However, the University is
not averse to considering this aspect, if it is
found
appropriate
by
the
University
through Constitution of a Committee of
stakeholders which may look into as to
whether such a mechanism is desirable in
principle in the context of maintenance of
academic ambience of the University or it
may be detrimental to it, particularly, to the
interest of larger group of the students,
teachers and employees."

41. In substance the BHU was open to the
concept of a structured reformative programme.
It has however, desisted from taking a
categorical position, on this most critical issue.
While openness to new ideas is appreciated,
failure to take a specific stand is also noticed.
The Court will go no further.

(iv) Response of UGC

42. Sri Rizwan Ali Akhtar, learned
counsel for the UGC has relied on the affidavit
filed by the UGC. The UGC in its affidavit,
stated that the universities are autonomous
institutions.