'Basic Education & Maturity Required Before Following Any Political Ideology': Calcutta HC While Granting Stay On Rustication Of 3 Visva Bharati University Students

The Calcutta High Court on Wednesday imposed an interim stay on the rustication order of three students of Visva Bharati Univeristy (VBU) and permitted them to join classes and participate in other academic activities.

Sonmnath Sow, Falguni Pan and Rupa Chakrabortty had been expelled for three years on August 23 by the university authorities for participating in a campus protest in January this year. Their rustication had sparked widespread protests on campus that also saw the participation of a section of the faculty. The demonstrators had even staged a protest outside the residence of the Vice Chancellor Bidyut Chakroborty and had subsequently demanded his resignation.

Justice Rajasekhar Mantha on Wednesday opined that the rustication was 'excessive and disproportionate' and accordingly observed,

"This Court is of the prima facie view that the punishment of rustication for a period of three years is excessive and disproportionate to the charge against the students. The said order of rustication shall be kept in abeyance. The students shall be allowed to participate in their academic activities"

The Court also noted that members of the university faculty were 'equally aggrieved' by the action of the Vice Chancellor.

"The professors and teachers of the University are equally aggrieved by the alleged high handedness of the Vice Chancellor of the University. The professors may institute appropriate proceedings challenging the orders of suspension in accordance with law", the Court opined.

The rusticated students had allegedly broken the seal on the door of the chamber of a Professor at the Economics building. Subsequently, a special enquiry committed had been constituted by the Vice Chancellor of the University to enquire into the allegations against the three students. The students were heard and a punishment of rustication was passed for a period of three years.

Basic level of education and maturity required to take make informed decisions on politics

The Court further observed that university students must ensure that they possess a 'basic level' of maturity and education before they succumb to a political ideology.

"A basic level of education and maturity is required for a student to take an informed decision before accepting or following any ideology. Exposure to raw ideologies in the absence of such education would amount to indoctrination", the Court remarked.

The Court also ordered an immediate halt on all agitations by students on campus and accordingly observed,

"All demonstrations, mass-protests, dharna, strikes and/or agitation by the students or on their behalf inside or beyond the University Campus shall cease forthwith. All platforms structures constructed for the said purpose must be dismantled immediately."

All concerned parties were also requested to assist the Court in amicably settling all pending disputes.

The matter is listed for further hearing on September 15 at 11:30 am.

Case Title: Visva Bharati and another v. State of West Bengal & Ors

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