Allahabad HC Allows RMLNLU Students Rusticated Over 'Misbehaviour' At Fresher's Party To Take Semester Exams

Granting relief to three students of Dr. Ram Manohar Lohiya National Law University, Lucknow (RMLNLU), rusticated/expelled earlier this month over their alleged act of misbehaviour with teachers during a fresher's party, the Allahabad High Court on Thursday allowed them to appear in their forthcoming semester examinations. A bench of Justice Jaspreet Singh observed that a prima facie case had been made out in favour of the students, two of whom were rusticated and one expelled, noting that no show-cause notice was issued to two of them prior to the issuance of the adverse orders."The Court has considered the submission, however, what could not be disputed by the counsel for the University that there is no material on record to refute or to deny the fact that no show cause notice was issued to the petitioner. It also could not be disputed that even final order dated 15.04.2025 was not served on the petitioners rather the same was sent on the whatsapp number of the petitioners. What the respondent counsel could not answer that, in case, if the final order could have been served on the petitioners on their whatsapp number then why the show cause notice could not have been sent to their whatsapp number or even on their registered email IDs which are available with the University authorities. Apparently, at this stage, prima facie the case for interference is made out," the single judge noted. It was the case of the petitioners [one B.A. L.L.B (Hons) student and two LL.M students], a scuffle between students and the hostel warden took place during the fresher's party. Pursuant to that, a fact-finding Committee was constituted, and certain students were issued notices/orders. The petitioners further claim that they did not indulge in any unruly activity except that they were part of the protesting group. Despite that, they were issued rustication/expulsion orders on WhatsApp, and that too without giving them an opportunity to participate in the inquiry. Advocate Devak Vardhan, appearing for the petitioners, submitted that under Section 43 of the Dr. Ram Manohar Lohiya (National Law University U.P. Act), 2005, the power to impose rustication lies with the Executive Council, based on the Vice Chancellor's report, but the impugned orders were issued by the Chief Proctor. It was pointed out that the University's academic regulations lay down clear procedures for disciplinary action, which were not followed in the case of the petitioners and that the entire proceedings are in violation of the principles of natural justice. On the other hand, Advocate Vijay Pratap Singh, appearing for the University, submitted that the petitioners were involved in unruly and unbecoming acts during the fresher's party and a fact-finding Committee had found them prima facie guilty, and rustication orders were passed in the larger interest of the University. Prima facie, noting that show cause notices were not issued to the students before impugned orders were passed, the Court granted them relief by allowing them to appear in the semester examinations. Further, directing the University to file a counter-affidavit within a week, the court has now posted the matter for a further hearing on May 5.

Allahabad HC Allows RMLNLU Students Rusticated Over 'Misbehaviour' At Fresher's Party To Take Semester Exams

Sparsh Upadhyay

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