Delhi High Court Sets Aside Disciplinary Proceedings Against JNU Student Over Protest On 2017 Women's Hostels Raids

The Delhi High Court has set aside disciplinary proceedings against a resident student of Jawaharlal Nehru University (JNU) initiated over protest on allegedly illegal raids conducted at the women's hostels in 2017. Justice Manoj Kumar Ohri quashed the show cause notice issued against Aditi Chatterjee on April 23, 2018, as well as an office order dated May 14, 2018, and all consequential proceedings, observing that they were in violation of principles of natural justice. The Court also set aside the decision vide which fine of 60,000 was imposed upon her. It was alleged that in October 2017, the Assistant Professor and Chief Proctor of the varsity illegally conducted raids at the women's hostels against which Chatterjee and other students raised their protests. It was further alleged that the said raids amounted to intrusion of privacy in the women's hostel.It was her case that in the inquiry proceedings against her by the Chief Proctor, neither the copy of the complaint nor any supporting material in the form of statements recorded were provided to her. She further submitted that no opportunity was afforded to her to ask questions the witnesses.Disposing of the plea, the Court said that when it comes to judicial review of administrative actions, the Court does not sit in appeal and cannot replace the decision of the administrative authorities by its own decision. “Interference in an administrative decision is called for when the decision is an outcome of an unfair procedure. Some of the grounds mandating judicial review are illegality, irrationality and procedural impropriety,” the Court said. It concluded that it was evident that the principle of audi alteram partem was not adhered to by the authorities in the present case. The Court noted that the notice not being accompanied by a copy of the complaint, and Chatterjee not being provided with the Chief SecurityOffice report or the statements of security personnel had the effect of denying her a reasonable opportunity to prepare her defence and assailing the charges which had been levelled against her. “The petitioner was allowed to see the complaint for the first time on 07.11.2017 when she appeared before Chief Proctor, which again highlights the unfairness of the procedure adopted by the Respondents,” the Court said.Counsel for Petitioner: Mr. Soutik Banerjee and Ms. Devika Tulsiani, AdvocatesCounsel for Respondents: Ms. Monica Arora, CGSC for UOI with Mr. Subhrodeep Saha, Mr. Prabhat Kumar, Ms. Anamika Thakur, AdvocatesTitle: ADITI CHATTERJEE v. JAWAHARLAL NEHRU UNIVERSITY AND ORS.Citation: 2025 LiveLaw (Del) 559Click here to read order

Delhi High Court Sets Aside Disciplinary Proceedings Against JNU Student Over Protest On 2017 Women's Hostels Raids

Nupur Thapliyal

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