Delhi High Court Criticizes JNU For Taking Coercive Action By Rusticating Students In Derogation Of Its Rules, Principles Of Fair Play

While dealing with a PhD scholar's plea against her rustication, the Delhi High Court has said that the Jawaharlal Nehru University (JNU) is taking coercive action by rusticating students in complete derogation of its own Rules and in total disregard of principles of natural justice and fair play.

Justice C Hari Shankar stayed an office order issued by the Office of Chief Proctor of the varsity on May 08 last year rusticating one Ankita Singh on the ground that she vandalized the Chairperson's office and misbehaved with students and faculty members.

“This is not a first case which is coming up before this Court of JNU taking coercive and punitive action by rustication of students, in complete derogation of its own Statutes and the Rules governing proctorial inquiries to be conducted by JNU, and in total disregard of the principles of natural justice and fair play,” the court said.

Singh moved court challenging the varsity's decision to rusticate her without, allegedly, complying with either the principles of natural justice or the Statutes governing the procedure to be followed.

The counsel appearing for JNU raised a preliminary objection to the maintainability of the petition on the ground that Singh had an alternate remedy of appeal under the Statutes of the varsity.

The court took note of an office order passed in August 2022 as per which several authorities recommended that Singh needs medical assistance on an urgent basis for which the competent authority must constitute a legal medical board to assess her well being and provide help if needed.

On court's query, Singh informed that no recommendation of any such authority or any such committee was provided to her. She also said there was no other communication in the form of any proctorial inquiry or any opportunity granted to her to show cause against any allegation before rusticating her.

“If what Ms. Ankita Singh says is correct, an extremely disturbing state of affairs is revealed,” the court said.

It added that a statement that a female student of the University is in need of urgent medical assistance, coupled with various allegations of misbehaviour by her, is extremely serious.

Justice Shankar said that the Office Order of August 2022 neither specified the ailment that Singh was suffering from nor the incidents of misbehaviour or misconduct of which she was culpable.

The court therefore stayed the operation of the office order vide which Singh was rusticated and ordered that she will forthwith be readmitted in JNU in the same capacity in which she was pursuing her study earlier and shall be allowed to continue her course of study.

While listing the matter for hearing on July 09, the court granted a further opportunity of four weeks to the JNU to file its counter affidavit to the plea.

Title: ANKITA SINGH v. VICE CHANCELLOR OF JAWAHARLAL NEHRU UNIVERSITY AND ORS

Citation: 2024 LiveLaw (Del) 430

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