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"Even Convicts Have Right To Pursue Studies, Take Exams From Jail": Allahabad HC Bats For Allowing A Rusticated Law Student To Complete Studies

Sparsh Upadhyay
5 Aug 2022 9:36 AM GMT
Even Convicts Have Right To Pursue Studies, Take Exams From Jail: Allahabad HC Bats For Allowing A Rusticated Law Student To Complete Studies
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"(Under the) Indian Legal System, a convicted person also has right to pursue his study and appear in examination from the Jail to enter into the mainstream of social life," remarked the Allahabad High Court recently while dealing with a plea filed by a rusticated Law student who was not allowed to complete his B.A., LL.B course by the University Administration.Essentially, the bench of...

"(Under the) Indian Legal System, a convicted person also has right to pursue his study and appear in examination from the Jail to enter into the mainstream of social life," remarked the Allahabad High Court recently while dealing with a plea filed by a rusticated Law student who was not allowed to complete his B.A., LL.B course by the University Administration.

Essentially, the bench of Justice Neeraj Tiwari was dealing with a plea filed by a student of Aligarh Muslim University (AMU), Adil Khan, who appeared in the 7th Semester Examination, but the result of the said Semester was not declared and in the meantime, he was rusticated by the University (September 2019) for a period of five years on charge of indiscipline.

Thereafter, he gave an affidavit for maintaining discipline and good conduct by submitting before the Court that he shall not only abide by the Rules and maintain peace and harmony and absolute discipline in the campus of the University and in & outside, but will also be a model student.

However, despite his undertaking, the University Administration refused to revoke its rustication order on account of the 'past conduct' of the student. The respondent-University informed the Court that except for the two cases, there was no past criminal history of the petitioner.

In view of this, the Court noted that the petitioner-student was not a convicted person yet and therefore, he had a right to complete his studies, therefore, the Court directed the respondent-University to inform the Court on the next date fixed about the modalities as to how the petitioner would complete his BA LLB course to save his educational career without disturbing the discipline of University.

"...it is undisputed that in Indian Legal System, a convicted person is also have right to pursue his study and appear in examination from the Jail to enter into main stream of social life. Punishment given to any person should have been reformative and not prejudicial. Denying the petitioner to complete his BA LLB course may ruin his career. Certainly, the petitioner is a young student and he must have been given a chance to correct himself and choose right path of life, if deviated and denial would frustrate the aim of reformative punishment," the Court further remarked as it posted the matter for August 17, 2022.

Case title - Adil Khan v. Vice Chancellor Aligarh Muslim University Aligarh And 4 Others [WRIT - C No. - 3297 of 2020]

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