Bombay High Court: A Single Judge Bench of Rohit W. Joshi, J., denied relief to the petitioner, a student at Symbiosis Law School, who was placed under immediate suspension from all academic and non-academic activities, for her Instagram post, which appeared to be contrary to the official version of the Government of India in relation to “Operation Sindoor” carried out recently. The Court opined that Symbiosis Law Schools action was not punitive, but, administrative in nature as the order/decision dated 13-5-2025, stated that additional special examination would be conducted for the petitioner if she was exonerated in the disciplinary proceeding. Thus, the Court directed Symbiosis Law School to conduct and complete the enquiry on or before 25-5-2025 and communicate the decision to the petitioner on the same day.
Background
The petitioner was a final year student of B.Ð. LL.B at Symbiosis Law School. On 8-5-2025, a FIR was registered against one person-accused with Lakadganj Police Station, Nagpur, who was arrested from a hotel at Nagpur on 8-5-2025 and that the petitioner was present in the hotel along with the accused at the time of his arrest. Further, the petitioner on her Instagram, had posted various posts, mostly which appeared to be political in nature, however, one post appeared to be contrary to the official version of the Government of India in relation to “Operation Sindoor” carried out recently. Thus, vide order dated 10-5-2025, passed by the Director of Symbiosis Law School, the petitioner was placed under immediate suspension from all academic and non-academic activities.
The matter was further placed before the Campus Disciplinary Committee (‘the CDC’), which passed an order/decision on 13-5-2025, whereby the suspension of academic and non-academic activities of the petitioner was continued till further orders. As a result of which, the petitioner was debarred from appearing in internal semesters and backlog examinations during the suspension period. However, she was exonerated on holding enquiry, a special examination would be conducted for her, to ensure that she did not suffer any loss or prejudice due to ongoing enquiry and suspension.
Counsel for the petitioner, after referring to Symbiosis International (Deemed University) Code of Conduct, Procedure to deal with Misconducts/Indiscipline by Students, 2023, submitted that the order of suspension and debarring students which was in the nature of punishment, could not have been taken without conducting an enquiry in accordance with the principles of natural justice.
Counsel for Symbiosis Law School submitted that the petitioner had backlog of a total of 13 subjects of previous semesters, and apart from it, she had even failed to clear two clinical subjects, for which written examinations were not conducted. It was stated that the last date of examination in so far as the petitioner was concerned was 5-6-2025, when Intellectual Property Law examination for Semester 7 was scheduled.
Analysis, Law, and Decision
The Court took note of the various posts by the petitioner on her Instagram, where most of the posts appeared to be political in nature, however, one post appeared to be contrary to the official version of the Government of India in relation to “Operation Sindoor” carried out recently. The Court noted that due to such activity by the petitioner, the Director of Symbiosis Law School placed the petitioner under suspension from immediate effect. Further, the CDC, in its meeting dated 13-5-2025, decided to debar the petitioner from appearing in the examinations during the period of her suspension, till further orders.
The Court noted that the disciplinary enquiry by the CDC could be completed within a period of 15 days i.e., on or before 25-5-2025, therefore, it stated that since the enquiry was initiated, it would not be appropriate to comment on the nature of the posts.
The Court opined that the present matter was at a very primitive stage and all the facts were yet to come on record and the order/decision dated 13-5-2025 itself recorded that in the event the petitioner was exonerated; special examination would be conducted for her to ensure that she did not suffer any academic loss. The Court also noted that the last date of examination of the petitioner for Semester 7 backlog subject was 5-6-2025, the result for which was likely to be declared tentatively in the first week of July 2025.
The Court opined that Symbiosis Law School’s action was not punitive, but, administrative in nature in view of the rider which was provided in the order/decision dated 13-5-2025, that additional special examination would be conducted for the petitioner if she was exonerated in the disciplinary proceeding.
The Court, after noting that the examination would be conducted before declaration of the results for Semester 7, in the event the petitioner was exonerated and permitted to appear in the examination and further, results for all the examinations, including the backlog, would be declared along with the results of other students appearing for Semester 7 examination, opined that such steps would be sufficient to balance the equities.
The Court thus directed Symbiosis Law School to conduct and complete the enquiry on or before 25-5-2025 and communicate the decision to the petitioner on the same day and also directed the petitioner to cooperate in the enquiry proceedings.
The matter would next be listed on 27-5-2025.
[X v. State of Maharashtra, Writ Petition No. 2654 of 2025, decided on 14-5-2025]
Advocates who appeared in this case :
For the Petitioner: S. Kulkarni, Advocate for the Petitioner.
For the Respondents: S.S. Jachak, A.G.P. for Respondent 1; K.P. Mahalle, Advocate for Symbiosis Law School.
