Ravi Prakash Mishra vs ICFAI University Dehradun & Others

Manoj Kumar Tiwari, J

Petitioner is a student of B.A.-LL.B. third year course in ICFAI University, Dehradun. He is aggrieved by an order dated 16.04.2021, passed by

Registrar of the University, whereby he has been suspended from University based on the report of Disciplinary Committee. By the said order,

petitioner has also been restrained from attending all classes and from appearing in the semester examination.

It is an admitted position that the order impugned in the writ petition is appealable and petitioner has in fact filed an appeal challenging the said order

and, the said appeal is pending consideration before the Vice Chancellor of the University.

Mr. M.C. Pant, learned counsel appearing for the petitioner submits that the semester examination is going to commence from 17.05.2021.

Since petitioner’s appeal against the impugned order is pending consideration before the Vice Chancellor, therefore, having regard to the facts

and circumstances of the case, the writ petition is disposed of with a direction to the Vice Chancellor of the University to consider and decide

petitioner’s appeal in accordance with law, as early as possible, but not later than 13.05.2021.

Till 13.05.2021 or till decision is taken on petitioner’s appeal, whichever is earlier, the impugned order dated 16.04.2021 shall be kept in

abeyance.

It goes without saying that if decision taken in petitioner’s appeal goes against the petitioner, then he shall be at liberty to approach the

appropriate forum against the said order.