Vicky Kumar vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5764 of 2024
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Vicky Kumar Son of Banti Lal Prasad Resident of Village - Raghai, Police
Station - Siwaipatti, District – Muzaffarpur.

... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Science and Technology Department, Government
of Bihar, Patna.
3. The Director, Science and Technology Department, Government of Bihar,
Patna.
4. The Bihar Engineering University, through its Registrar, Mithapur, Patna.
5. The Registrar, Bihar Engineering University, Patna, 6th Floor, Examination
Block, A.K.U. Campus, Mithapur, Patna - 01.
6. The Principal, Darbhanga Engineering College, Darbhanga.
7. The Chairman, Disciplinary Committee, Darbhanga Engineering College,
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Hari Shankar Roy, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA 7
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 15-07-2026
Heard Mr. Hari Shankar Roy, learned Advocate for
the petitioner and Mr. Satyam Shivam Sundaram, learned
Advocate appearing on behalf of the Bihar Engineering
University. Learned Advocate for the State is also present. There
is none to represent respondent nos. 6 and 7, however, a counter
affidavit has been filed on their behalf, which is on record.
2. The petitioner, a student of B.Tech. of Computer
Science, Engineering branch of Darbhanga Engineering
College, Darbhanga is aggrieved by the office order contained
in Memo No. 403 dated 27.02.2024 whereby and whereunder he

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has been expelled from Darbhanga Engineering College,
Darbhanga for one year by the Chairman of the Disciplinary
Committee of the college. The petitioner also prayed for to
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allow him to participate in the B.Tech.’s 7 Semester
Examination 2023.
3. It is made clear that during the pendency of the writ
petition in pursuant to the orders of this Court, the petitioner has
th th
been allowed to appear for 7 and 8 semester examination and
the mark sheets have also been issued. Since the result of the
petitioner is subject to the final outcome of the present writ
application, therefore, the petitioner is pursuing the litigation
while challenging the impugned order of this case.
4. Assailing the impugned order, learned Advocate for
the petitioner drew the attention of this Court to Annexure 3, 4
and 5 and submitted with all his vehemence that at no point of
time the alleged indiscipline conduct of the petitioner was
subjected to consideration by the Disciplinary Committee duly
constituted by the University, nonetheless he has been suffered
with the punishment of expulsion for a year by the Chairman of
the Disciplinary Committee. There is specific provisions under
the Disciplinary Rules for Government Engineering
College/Polytechnic that as soon as a complaint is made to the
Principal against any student regarding an act of indiscipline on
his part or otherwise it comes to the Principal’s notice and if the

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Principal is satisfied that this calls for disciplinary action, the
charges shall be framed and communicated to the student. A
show cause will be served to him to reply within a specified
period. After considering the show cause reply, if the Principal
is satisfied that there is prima facie substance in the allegation or
if the student fails to reply to show cause within a specified
period, he will refer the matter to the Disciplinary Committee to
look into and to give suitable recommendation to the Principal
within the period specified by him. The Rules further stipulates
that the Disciplinary Committee shall be constituted by the
Principal consisting of certain members as disclosed therein.
5. Taking this Court through the Disciplinary Rules,
the copy of which is placed on record as Annexure P/11, it is
submitted that at no point of time, the charges against the
petitioner have been framed and communicated, besides his case
has never been referred to the Disciplinary Committee to look
into it and give suitable recommendation. To support the
aforesaid contention he further drew the attention to the
deliberation made by the Disciplinary Committee, the
proceeding of which is brought on record vide Annexure R/D to
the counter affidavit filed on behalf of respondent nos. 4 and 5.
It is further contented that for the first time, the name of the
petitioner has been surfaced on an application filed by one
Vicky Kumar Gupta, before the Principal of the Darbhanga

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Engineering College, Darbhanga stating therein that on account
of the similarity in name of Vicky Kumar and Vicky Kumar
Gupta, the college administration has left Vicky Kumar and in
his place, the name of Vicky Kumar Gupta has been dragged
with the name of the students who were found indulge in
making unauthorized demonstration and protesting against the
administration of the college, however, without calling for any
report or show cause to the petitioner, the Chairman of the
Committee has observed that in fact, Vicky Kumar Gupta as
well as present petitioner (Vicky Kumar) have been found to be
indulged in serious indisciplined act, besides he further
observed that the complicity of the petitioner is found graver
than the student Vicky Kumar Gupta. Referring thereto, learned
Advocate for the petitioner further submits that the act of the
Principal as well as the Chairman of the Disciplinary Committee
suffers from non-application of mind, and without considering
the materials available on record the impugned order has been
passed.
6. On the other hand, learned Advocate for the
University submitted that the Principal, Darbhanga Engineering
College, Darbhanga vide its Letter no. 06 dated 09.11.2023 has
informed the University as well as the Joint Secretary, Science
Technology and Technical Education Department regarding
nuisance created by six students who were found indulged in

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obstructing the administrative work and thus requested to take
action against them in the aforesaid letter. The Joint Secretary,
Science and Technology, Education Department directed the
Registrar of the Bihar Engineering University to take proper
action in the matter and accordingly, the matter was referred to
the Disciplinary Committee. The Disciplinary Committee in its
meeting dated 24.11.2023 informed the concerned students
through letter/email and Whatsapp to their guardian to appear
for the purposes of presenting their defense in compliance of the
principle of natural justice and accordingly, the petitioner had
entered his appearance and filed an application seeking his
apology ,the copy of which is also placed on record as Annexure
R6-7/D. The mother of the petitioner has also filed on
application with a request to forgive his son because of his
unauthorized conduct. Upon consideration of the show cause,
the Disciplinary Committee made a recommendation based
upon which the petitioner has been expelled for one year under
the Memo No. 403 dated 27.02.2024.
7. This Court has anxiously heard the learned
Advocate for the respective parties and also perused the
materials available on record. From perusal of the Letter dated
09.11.2023 issued by the Principal, Darbhanga Engineering
College, Darbhanga addressed to the Secretary, Science
Technology and Technical Education Department, it appears that

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the name of the petitioner does not even find therein. The
Principal has mentioned only the name of Vicky Kumar Gupta.
Similarly, the case of the petitioner has never been placed before
the Disciplinary Committee, as is also evident from the minutes
of the meeting of the Disciplinary Committee dated 18.12.2023
wherein there is no deliberation or any consideration of the case
of the petitioner. The Disciplinary Committee has considered
only the cases of five students without even remotely discussing
about the petitioner and even his name did not find place.
8. From the materials available on record it is also
evident that at no point of time any charges have been framed
against the petitioner or the copy of which has been served upon
him with a specific stipulation that in case the explanation of the
petitioner is found unsatisfactory, in such circumstances he
would be inflicted with the punishment in terms with the
provisions as prescribed under Disciplinary Rules issued by the
Department of Science and Technology, Government of Bihar.
Non observance of such prescription as mandated under the
Disciplinary Rules, would certainly go to the root of the fairness
as was required to be followed by the respondent college as well
as University and in the opinion of this Court such action cannot
withstand the test of Article 14 of the Constitution of India.
9. Accordingly the entire action initiated against the
petitioner, besides the impugned order of expulsion from

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Darbhanga Engineering College, Darbhanga for one year under
Memo No. 403 dated 27.02.2024 is prima facie held to be
unsustainable, and thus the same is hereby set aside. Since the
th th
petitioner has already been allowed to appear in 7 and 8
semester examination the result of which was subject to final
outcome of this writ petition; in view of the impugned order
having been set aside, this Court directs the concerned
respondents of College and the University to publish the
result/certificate in favor of the petitioner, preferably within a
period of six weeks from the date of receipt/production of the
copy of this order, in accordance with law.
10. The writ petition stands disposed off.

(Harish Kumar, J)
siddharth/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.07.2026
Transmission Date NA