Supreme Court Dismisses NLSIU's Appeal Against HC Direction To Promote Student

The Supreme Court on Wednesday dismissed the special leave petition filed by the National Law School of India University (NLSIU) against an order of the Karnataka High Court which directed the promotion of a student to next academic year.

A division bench of Justice SK Kaul and Justice Hrishikesh Roy also directed the university to permit the student to join 5th semester.

Upon University's counsel submission that judicial intervention in educational matter created its own complications in maintaining discipline, the bench of Justice SK Kaul and Hrishikesh Roy said,

"We would say that normally the Court would loathe to interfere in disciplinary matters of educational institutions and if at all, the universities should be able to set its own house in order in its own way. But at times when things are pressed beyond the stage, judicial intervention becomes necessary and that is what appears to have happened in this case. We would make it clear that there is no encouragement by us for students to assume that they can get judicial redressal if they act contrary to the regulations."

Taking into consideration the facts that had given rise to the order dated November 18, 2020 passed by the Learned Single Judge the Court said, "We appreciate that the petitioner/Institute is a School of excellence. We also appreciate the endeavour to prevent plagiarism. However, in the facts of the case, we do believe that as per the existing regulations, the necessary formalities were not followed and that is what has given rise to the order of the learned Single Judge, dated 18.11.2020."

The bench also took note that what was sought before the court was that the Registrar had not given his consent and said that it did not appreciate it since the hearing was physical and there was a little chance of any misunderstanding.

"It appears that the petitioner felt a sting of the ultimate observations of the Court and that may have persuaded the petitioner to approach the Division Bench of the High Court. The impugned order of the Division Bench is based on a concession by the Registrar of the University. In fact, there is no judgment of the Division Bench in the present case. What was sought to be contended before us was as if the Registrar did not give his consent, something we don't appreciate given that it was a physical hearing and thus there was a little chance of any misunderstanding. If at all the same had occurred, it was for the petitioner to have approached the Division Bench explaining the position rather than come up before this Court by filing the special leave petition," Court further added.

Subsequent developments in terms of Hruday completing all the necessary courses and in fact dropped the paper itself where the allegation arose was also taken into account.

Endorsing the Single Judge's view of not accepting the University's counsel reading out Hruday's emails as admission of guilt, the Court said,

"The endeavour of the learned senior counsel for the petitioner to read out the emails of the respondent No. 1 as admission of guilt is something which has not been accepted by the learned Single Judge and having read the same, we would seek to endorse the same."

Background

On 20 November 2020, the Karnataka High Court had set aside an order passed by the NLSIU denying a law student admission to the fourth year B.A LL.B (HONS), on account of him failing in a subject.

A Bench of Justice Krishna S Dixit allowed the writ petition filed by Hruday P. B, son of sitting Karnataka High Court judge Justice PB Bajanthri, and directed the NLSIU to assess and award marks to the petitioner's Project Work in question. The order states that the Petitioner shall be allowed to keep the term by way of carryover/carry forward, disregarding the attendance shortage, if any.

The student was declared to have secured "F Grade" in Child Rights Law examination held on March 13, since he was not given any mark because of alleged 'plagiarism' of the project work in question; he was also not allowed to take Special Repeat Examination of third trimester in the third year.

Case Title: National Law School of India University versus Hruday P.B and another

Click here to read/download the order