In a significant judgment, the Allahabad High Court provided interim relief to three students from Dr. Ram Manohar Lohiya National Law University (RMLNLU), Lucknow, who were rusticated or expelled following an alleged incident of misbehavior during a fresher's party. The court permitted them to appear in their upcoming semester examinations, emphasizing the importance of adhering to principles of natural justice.
The case involved two LL.M students and one B.A. LL.B (Hons) student who were penalized after a scuffle reportedly occurred between students and the hostel warden during the fresher's event. The university's disciplinary actions were challenged on the grounds that due process was not followed. Specifically, the students contended that they were not issued show-cause notices prior to the disciplinary orders and that the final orders were communicated to them via WhatsApp, bypassing formal channels.
Justice Jaspreet Singh, presiding over the case, observed that the university failed to provide evidence refuting the students' claims. The court noted that if the university could serve the final orders through WhatsApp, it should have similarly issued the show-cause notices via the same medium or through the students' registered email addresses. This oversight indicated a prima facie case of procedural lapse, warranting judicial intervention.
The petitioners' counsel argued that, according to Section 43 of the Dr. Ram Manohar Lohiya National Law University U.P. Act, 2005, the authority to impose rustication rests with the Executive Council, based on a report from the Vice Chancellor. However, in this instance, the orders were issued by the Chief Proctor, raising questions about their legitimacy. Furthermore, the university's academic regulations stipulate clear procedures for disciplinary actions, which were allegedly not adhered to in this case.
The court's decision underscores the necessity for educational institutions to follow due process and uphold students' rights. By allowing the students to sit for their examinations, the court aimed to prevent potential irreparable harm to their academic futures while the legal proceedings continue. This ruling serves as a reminder that disciplinary actions must be grounded in fairness and transparency, ensuring that students are given an opportunity to respond to allegations before punitive measures are enforced.
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