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Uttarakhand HC directs VC of ICFAI university to decide on suspended law student before May 15

The petitioner is aggrieved by an order dated April 16, passed by Registrar of the University, whereby he has been suspended from University based on the report of the Disciplinary Committee.

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The Uttarakhand High Court on Thursday directed the Vice-Chancellor of the ICFAI University, Dehradun to consider and decide the petitioner’s appeal in accordance with law, as early as possible, but not later than May 15.

Petitioner, Ravi Prakash Mishra is a student of B.A.-LL.B, third-year course in ICFAI University, Dehradun. The petitioner is aggrieved by an order dated April 16, passed by Registrar of the University, whereby he has been suspended from University based on the report of the Disciplinary Committee. By the said order, the petitioner has also been restrained from attending all classes and from appearing in the semester examination.

M.C. Pant, appearing for the petitioner, submitted that the semester examination is going to commence from May 17.

A single-judge bench of Justice Manoj Kumar Tewari noted 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.

“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”, ordered the Court.

The Court further added that till May 13 or till a decision is taken on the petitioner’s appeal, whichever is earlier, the impugned order dated April 16 shall be kept in abeyance.

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It was also clarified by the bench that if decision taken in the petitioner’s appeal goes against the petitioner, then he shall be at liberty to approach the appropriate forum against the said order.

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