The Indian Express (Delhi Edition)
‘Facts of the case disturbing’: HC stays rustication of JNU student
NOTING THAT it was not the first case where the varsity had taken punitive action of rusticating students, in non-compliance of its own rules as well as principles of natural justice, the Delhi High Court has stayed the rustication of a Ph D student at Jawaharlal Nehru University (JNU) until the next hearing.
In its order on April 1, a singlejudge bench of Justice C Hari Shankar said the student, Ankita Singh, shall be “forthwith readmitted” at JNU in the same capacity in which she was pursuing her studies earlier, and shall be allowed to continue her course.
Singh had moved HC against a 2023 order passed byjnuw here she was found guilty of acts of alleged indiscipline and was rusticated and declared out of bounds. Singh claimed there was no other communication in the form of any proctorial inquiry or any opportunity granted to her to show cause against any allegation before the order was issued to her.
The court said, “This is not a first case, which is coming up before this Court, of JNU taking coercive and punitive action by rustication of students, in complete derogation of its own statutes and the Rules governing proctorial inquiries to be conducted by JNU, and in total disregard of the principles of natural justice and fair play. If what Ms Ankita Singh says is correct, an extremely disturbing state of affairs is revealed.”
In February, the court had granted relief to another JNU student also rusticated last year.
In the present case, Justice Shankar took note of an office order passed on August 4, 2022 as per which “several authorities” recommended thats ingh needed medical assistance on an urgent basis for which the competent authority must constitute a legal medical board to assess her well being and provide help if needed.
However, Singh claimed she was in “no need of medical assistance”, and was completely clueless about the basis of the claim. On the court's query, Singh said “no recommendation of any such authority or any such committee was provided to her”.
The HC said that a “statement that a female student of the University is in need of urgent medical assistance, coupled with various allegations of misbehaviour by her, is extremely serious”.
It noted that the August 4, 2022 office order neither specified the ailment, if any, that Singh had which would require “urgent medical assistance ”, nor the incidents of mis behaviour or misconduct of which she was culpable.
“The facts of this case...are deeply disturbing. at this juncture, the Court is not inclined to make any further comment, as JNU has yet to file counter affidavit. In the circumstances of the case, however, there can be no question of the impugned office order dated 8 May 2023 being allowed to continue to remain in operation,” Justice Shankar said as he stayed the operation of the rustication order till the next hearing on July 9.
The HC, though, said that this direction is subject to the outcome of Singh's plea. The court, thereafter, granted four weeks to JNU to file its response to Singh's plea.