Symbiosis Law School, NOIDA

Constituent of Symbiosis International (Deemed University)

(Established Under Section 3 of the UGC Act, 1956 Vide Notification No. F.9 – 12/2001- U.3 of the Government of India)
Re Accredited By NAAC (UGC) with ‘A’ Grade |Approved by Bar Council of India
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Internal Continuous Evaluation (October 2021)
Tutorial
Course: Administrative Law
Semester: V (B.A./B.B.A.LL.B.)
(Batch: 2019-24)

Day and Date: Thursday, October 7, 2021 Time: 03:00 PM – 04:30 PM

10
Instructions:
1) Type the answers and Upload/ turn in after completion of tutorial.
2) Mention your name, PRN, Division and Batch.
3) The answers of tutorial must be submitted on ‘Assignment @Microsoft Teams’ between 04:30 PM-
04:035 PM. Late submission will invite the penalty. Submission made between 04:36 PM - 04: 45 PM
will lead to deduction of 3 marks from the marks obtained in Tutorial. Submission made between 04:46
PM – 04:59 PM will lead to deduction of 5 marks from the marks obtained in Tutorial. No submission
will be accepted after 05:00 PM.
4) The examinees should complete all steps then submit and turn in the answer of the Tutorial on
‘Assignment@Microsoft Teams’. Examinees are required to attempt all the questions carefully
5) You are evaluated on understanding rather than recall and memorization.
6) The answer must be original. If it is found that the answer is copied from any source then zero marks
will be awarded.

Question 1. On the night between June 10 and 11, 2021, some male students of the college were found sitting on
the compound wall of the girls Hostel. Later they entered into the compound and were seen walking without
clothes on them. One of them (Kaushik) went near the window of Kavita’s room and tried to pull her hand.
Kavita and Kaushik are good friends but got into fight. Kaushik wanted to talk to Kavita and thus accompanied
other boys to the girl’s hostel. Some five of these boys then climbed up along the drain pipes to the terrace of the
girls Hostel where a few girls were studying. On seeing them, the girls raised an alarm following which the
students ran away. The girls recognized four out of these male students. On June 14, a complaint was received by
the Principal from girl students residing in the Girls Hostel alleging the above facts. The complaint was signed by
55 girls residing in the hostel. The Principal ordered an enquiry to be conducted by three members of the staff.
The four students were directed to present themselves at 4.30 p.m. on June 15, 2021, in the Principal’s room in
connection with the enquiry. The students were called one after other in the room and to each one of them the
contents of the complaint were explained, due care being taken not to disclose the names of the girls who had
made the complaint. They were directed to file reply immediately to the Enquiry Committee and appear before
the Committee as and when required. Non-compliance will lead to ex-parte decision. Kaushik received notice of
appearance but did not appear before the forum as he conveyed Kavita to inform Principal about his absence in
causing nuisance in hostel premises. Kaushik never talked to anybody except Kavita on the concern night. The
Enquiry Committee decided suspension of all boys involved in the incident. Kaushik wanted to challenge the
matter and bring Kavita as his witness before Vice-chancellor of the University.
Comment on right of Kaushik to request authorities to bring one of the complainants as a witness in the same
matter before a higher forum. Write your answer in the lights of Principles of Natural Justice. (5 Marks)

Question 2. In the State of Pradesh, sugarcane was produced by the sugar mills through the ‘hydraulic process'
and by the power crushers through the 'open pan processes’. Both the mills as also the crushers drew their raw
material, namely sugarcane from sugarcane growers. In order to facilitate production by the sugar mills, most of
which were controlled by the State, reserved area of the fields growing sugarcane was fixed throughout the State.
With a view (Objective) to removing nation-wide shortage of sugar, enhancing sugar production and
achieving an equitable distribution of the commodity so as to make it available to consumers at reasonable rates,
the Cane Commissioner in exercise of the powers conferred under clause (8) of the Sugarcane (Control)
Order, 1966 issued a notification dated 9th October, 2021 which directed that no power crusher other than vertical
power crushers manufacturing gur or rab from sugarcane grown on their own fields or a Khandsari unit or any
agent of such owner in the reserved area of a mill could be worked until December 1, 2021.
Balwant Kumar and others were owners of power crushers of Khandsari units and had taken out regular licenses
under the State of Pradesh Khandsari Sugar Manufacturers Licensing Order. Balwant Kumar and others have
moved before court challenging the notification dated 9th October, 2021 saying, the impugned Notification goes
against the very spirit and object of the Act of 1955 and in fact, frustrates the equal distribution and production of
sugar which was the objective of the Sugarcane (Control) Order, 1966. Comment on the case with suitable
precedents. (5 Marks)