'Noble Cause Of Education Has Been Slaughtered At The Alter Of Politics': Calcutta High Court While Setting Aside Rustication Of 3 Visva Bharati University Students

While setting aside the rustication order of three Visva-Bharati university students, the Calcutta High Court on Wednesday came down heavily on 'outsiders and political parties' for facilitating the misuse of educational institutions in order to pursue abject political motives.

Three students- 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. But their rustication had been placed in abeyance by the Court last week vide its September 8 order.

Justice Rajsekhar Mantha observed while setting aside the order of rustication,

"This Court finds that 3 students could not have caused the mayhem at the University but for the support of influential outsiders. It is sad to note that the noble cause of education has been slaughtered at the alter of politics and a political slugfest"

It was further opined by the Court that it appears that the 3 students had been used as a pawn to fulfil certain vested interests in order to bring the University at a standstill. Thus, the entire student community of the University had suffered as a consequence, the Court added.

"Educational institutions are being misused as breeding grounds by political parties. Consequently classes and educational activities are disrupted. Exams are not held in time and results do not come out in time. The students are compelled to move to other private institutions within and outside the State, where they are treated as customers. Some students are also compelled to give up education for want of funds. Parents of students who toil in sweat and blood to provide education to their children lose faith and the nation stares at a bleak future", the Court opined further.

Justice Mantha further emphasised that 'outsiders and political parties' must have no role to play in the internal matters of an educational institution. Every grievance of any nature of any section has to be taken to the right forum under the relevant rules or the applicable law of the land, he added further.

On the issue of suspension of teaching and non-teaching staff, the Court ruled that the orders of suspension shall be reviewed in terms of the statute of the university within a period of 15 days from date. The Court implored the university to take a 'very pragmatic view' in this matter.

Furthermore, the Court also asked the Vice Chancellor and the management to be more inclusive and approachable when dealing with the affairs of the university.

"This court is also compelled to observe that the Vice-chancellor and the management should take a more convivial accessible and inclusive approach in dealing with the affairs of the University particularly the professors, teachers, staff as well as the students. Unnecessary confrontation should be avoided. It is expected that the Vice-chancellor would follow the above with letter and spirit", the Court directed.

Accordingly, the Court set aside the orders of rustication against the three students by observing,

"In the interest of and for the ends of justice, as a special case, without creating any precedent, the orders of rustication are set aside. This order is passed in the very peculiar facts and circumstances of the case on the undertaking of the three students that there shall be peace and order in the University henceforth"

Case Title: Visva Bharati & Anr v. The State of West Bengal & Ors

Click Here To Read/Download Order