Delhi High Court: Petitioner filed the present petition challenging the order dated 12-02-2011 issued by the Jawaharlal National University (‘JNU’) ordering the expulsion of petitioner from JNU premises with immediate effect and the removal of his name from the rolls of the JNU forthwith, C. Hari Shankar* opined that the JNU was all along acting with a pre-determined intent of removing petitioner from his premises and it was apparent from the issuance of show cause notice on 11-02-2011 and the impugned order within twenty-four hours thereof on 12-02-2011. Thus, the opportunity to petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more. The Court opined that it was a matter of concern that the JNU, which was premier University had acted in this fashion and accordingly, quashed and set aside the impugned order dated 12-02-2011.
The Court opined that it was not necessary to enter into the factual thicket in the present case, as the manner in which the JNU had proceeded against petitioner could not survive even the most liberal approach by any Court aware with the rule of law. The Court opined that the manner in which the JNU had proceeded in the case of petitioner was a mere mockery of principles of natural justice and fair play. Further as observed in Swati Singh v. Jawaharlal Nehru University, 2024 SCC OnLine Del 848, it was also in teeth of the principles which governed holding of proctorial enquiries in the JNU.
The Court opined that the JNU was all along acting with a pre-determined intent of removing petitioner from his premises and it was apparent from the issuance of show cause notice on 11-02-2011 and the impugned order within twenty-four hours thereof on 12-02-2011. Thus, the opportunity to petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more.
The Court opined that it was a matter of concern that the JNU, which was premier University had acted in this fashion and accordingly, quashed and set aside the impugned order dated 12-02-2011. If petitioner chose to approach JNU for completion of his Master of Computer Application (‘MCA’), JNU should permit petitioner to complete his course. Further, the Court opined that petitioner could not be prejudiced because of the pendency of this writ petition, especially as the decision to expel him had been found to be illegal. It would be for the JNU to take appropriate steps to ensure that petitioner was able to complete his MCA course, in the best manner possible.
[Balbir Chand v. Jawaharlal Nehru University, 2024 SCC OnLine Del 2352, decided on 01-04-2024]
*Judgment authored by- Justice C. Hari Shankar
For the Petitioner: M.P.S. Kasana and Kanchan, Advocates;
For the Respondent: Meenakshi, Advocate.
