In a recent ruling, the Delhi High Court has overturned Jawaharlal Nehru University's (JNU) expulsion of a student dating back to 2011, highlighting serious procedural irregularities and a lack of adherence to principles of natural justice.

Justice C Hari Shankar, presiding over the case, criticized JNU for its "predetermined intent" against the student and emphasized the importance of upholding fairness in disciplinary proceedings. The court directed the university to allow the student to complete his Master of Computer Application (MCA) course if he so desires.

Justice Shankar stated, “The manner in which the JNU has proceeded in the case of the petitioner is a mere mockery of the principles of natural justice and fair play. It is also in the teeth of the principles governing holding of proctorial enquiries in the JNU, as has already been observed by this Court in Swati Singh.”

“It is a matter of concern that the JNU, which is a premier University, has acted in this fashion. As the incident is today of 12 years vintage, I say no more,” he added.

The case stemmed from the expulsion of Balbir Chand, a second-year MCA student, based on allegations of possessing an "objectionable" video involving a fellow student. Chand was expelled in February 2011 without being given a fair opportunity to defend himself.

The Court observed, “The petitioner was, admittedly, never associated in the proctorial enquiry to which the aforesaid Show Cause Notice dated 11 February 2011 makes reference. Ms. Meenakshi, learned counsel for the JNU, submits that in the said enquiry, as many as statements of the 15 witnesses had been recorded.”

“If that is so, the Rules applicable to proctorial enquiries in the JNU, as also the most elementary requirements of compliance with the principles of natural justice and fair play, would have required the petitioner to be presented with the said statements, afforded an opportunity to cross-examine the persons who gave the said statement, and lead evidence in his defence,” the Court added.

Placing reliance on the requirements to be satisfied while holding proctorial enquiries in the JNU as dealt at length with in the case of Swati Singh v. Jawaharlal Nehru University 2024 LiveLaw (Del) 174, the Court pointed out that there was no compliance with the requirement, especially as the third communication i.e., the Show Cause Notice dated 11 February 2011 came to be issued within a week of the audience granted by the JNU to the petitioner on 2 February 2011.

The Court emphasized, “The fact that the JNU was all along acting with a pre- determined intent of removing the petitioner from his premises is apparent even from the issuance of the show cause notice on 11 February 2011 and the impugned order within 24 hours thereof on 12 February 2011. The “opportunity” to the petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more.”

While quashing and setting aside the decision to expel the petitioner as contained in the impugned Office Order, the Court added, “It would be for the petitioner, if he so chooses, to approach the JNU for completion of his MCA. In case he does so, the JNU shall permit the petitioner to complete his course.”

“Needless to say, the petitioner cannot be prejudiced as a result of the pendency of this writ petition, especially as the decision to expel him has been found to be illegal. It would be for the JNU to take appropriate steps in order to ensure that the petitioner is able to complete his MCA course, in the best manner possible,” the Court concluded while allowing the petition.

Title: Balbir Chand v Jawahar Lal Nehru University

Citation: 2024 LiveLaw (Del) 409

Click Here To Read Judgement