Artwork row: Former MSU student to withdraw apology, face inquiry

A fact-finding committee was formed, which submitted its report the same month and the MSU syndicate had then decided to debar him from the university permanently.

Mahato had then moved a petition at the HC challenging his debarment.

In December however, he won a gold medal from the Banaras Hindu University (BHU) in the Bachelors’ programme. This was days after the MSU had told the HC that the letter of rustication issued to the student had a “mistype” in the date of the factfinding committee.

Taken up briefly by the court of Justice Bhargav Karia, the court opined that Mahato “can’t have both ways” where he has tendered an apology statement and at the same time is seeking relief from the court on his debarment.

Justice Karia remarked, “You withdraw your unconditional apology, they (university) will conduct the inquiry. You can’t have both ways. Are you ready to withdraw?” With Mahato’s lawyer Hitesh Gupta assenting to the judge’s query, the court directed his lawyer to file an affidavit to that effect, stating that Mahato shall be withdrawing his unconditional apology and tendering an undertaking that he will be ready to face the inquiry which may be conducted by the university in accordance with its ordinance pertaining to ‘display/exhibition of objectionable art work’.

The court also refused to grant him any interim relief to continue attending the college, even as Gupta argued that Mahato has had to already waste a year owing to the debarment.

Justice Karia remarked instead, “Then waste one more. First file the affidavit withdrawing your unconditional apology with an undertaking that you’ll face the inquiry.”

The matter has been posted for next hearing on February 9.

As per the conclusion of the nine-member fact-finding committee report dated May 9, 2022– a copy of which has been annexed in the affidavit of MSU Registrar Krishnakumar Chudasma before the HC, the controversy took place due to a lack of monitoring and guidance by teachers.

The committee has blamed the university for “negligence of duty” and said, “This entire issue took place due to a lack of a proper system of monitoring, guidance, and supervision by concerned teachers. The standard examination system and university protocol are not followed properly which has tarnished the name and fame of the university. Negligence of duty on part of the authorities of the faculty is observed.”

The MSU Syndicate had accepted the report of the Committee on May 10, 2022.