Gujarat HC Quashes Public University's Decision To Debar Student Over Objectionable Artwork Of Hindu Deities Without Inquiry

The petitioner-student appeared for his viva-voce on 02.05.2022 before the Examination Committee and presented his experimental art work for their review. He was told by the examiners that the art work addresses sensitive subjects and could be misunderstood by layman during public display and therefore, the petitioner was asked to remove his art work.

However, the art work was photographed by some unknown person and was circulated over social media which created a ruckus at the University. An FIR was also registered against the petitioner under Sections 295A and 298 of the Indian Penal Code in relation to the said incident.

The petitioner was served a show-cause notice on 12.05.2022 to explain why he should not be debarred permanently as per provision of major penalty under Ordinance 290 of the University.

It was the case of the petitioner that an order dated 13.05.2022 was passed on the basis of the alleged confession of the petitioner (via whatsapp messages which were exchanged between the petitioner and Dean Faculty) and he was informed that he is debarred permanently from the respondent-University.

It was the contention of the petitioner that impugned order was passed without giving any opportunity of hearing to the petitioner and the impugned order was confirmed by the the Syndicate of the respondent-University

The counsel for petitioner, Hitesh Gupta argued that it was never the intention of the petitioner to cause any disrespect to Hindu Goddesses and the respondent- Authority without conducting the inquiry in a proper manner and without following the procedure prescribed has taken the decision to debar the petitioner on the basis of the alleged confession.

The court observed that the petitioner has filed an Additional- Affidavit retracting/withdrawing his alleged confessional statement and has also stated on oath that the petitioner shall extend all cooperation and participation for any type of Faculty level inquiry and University level inquiry.

The court held:

“Considering the nature of the incident which has taken place, it would be in the interest of justice to conduct further inquiry by the respondent-University in case of the petitioner for the alleged Display/Exhibition of objectionable art work in Faculty of Fine Arts of the respondent-University as the communication dated 13.05.2022 is based upon the confessional statement dated 9th May, 2022 of the petitioner in addition to the report of the Fact Finding Authority.”

However, the court clarified that it has not gone into the merits of the matter and the impugned orders are quashed and set aside only on the ground of breach of principles of natural justice keeping all the contentions of the petitioner as well as the respondent-University open so as to enable the respondents to arrive at a decision after providing an opportunity of hearing to the petitioner.

Case Title: Kundankumar Navalkishor Mahato v. The Maharaja Sayajirao Univeristy of Baroda

Case Citation: 2023 Livelaw (Guj) 37

Coram: Justice Bhargav D. Karia

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