Allahabad HC Directs To Grant Post Decisional Hearing To Student Expelled By AMU For 10 Years [Read Judgment]
The High court of Allahabad has directed the Aligarh Muslim University to hold a post decisional hearing in a case where a student was expelled from the rolls for a period of 10 years, after finding that the expulsion order was made without complying with the principles of natural justice.
The petitioner, a PhD student of the university, assailed the order of the university by which he was expelled from the rolls of the university for a period of 10 years and debarred from further studies or admission of re-admission in the university.
The impugned order was passed by the university on the basis of the report furnished by the disciplinary committee which found that petitioner's acts amounted to indiscipline and other misconduct in terms of Aligarh Muslim University Students Conduct and Discipline Rules, 1985. Disciplinary proceeding was set in motion against the petitioner on the background of an episode of mass violence in the university in which over 250 students were booked by the police.
The petitioner asserted that the order was passed in violation of principles of natural justice, since, the report of the disciplinary committee was not furnished to the petitioner. Further, an opportunity to defend charges was palpably denied, even when the findings in the report were inimical to the petitioner.
The University admitted that opportunity to defend was denied and advanced an explanation that the same could not be afforded as the petitioner was absconding.
The bench of Justice Ajay Bhanot of Allahabad High Court remarked that the university had miserably failed to show any thing on record so as to assert that it had made honest efforts to serve a show cause notice upon the petitioner or to furnish the adverse material against him.
The bench relied on the decision of the Hon'ble Supreme Court in Dharmpal Satyapal Limited v. Deputy Commissioner of Central Excise, Guhati and others (2015) 8 SCC 519, which held that in exceptional cases, principles of natural justice can be complied by giving post-decisional hearing.
The petition was disposed of directing the university to hold a post decisional hearing in complete compliance with the principles of natural justice. However, the court refused to interfere with the impugned order of the University.