Implementation Of Reformative Steps In Universities To Cure Young Students' Deviant Behaviour: Allahabad HC Seeks Up Govt's Reply

The Allahabad High Court has sought the response of the Uttar Pradesh Government on implementing informative steps in the state Universities to cure the aberrant/deviant behaviour of young students. 

Emphasising that the key to maintaining the students' discipline is ensuring a balance between punitive measures and reformative actions, the bench of Justice Ajay Bhanot directed the Additional Chief Standing Counsel to file the affidavit on behalf of the respondent No.10-Additional Chief Secretary, Technical Education, U.P. Lucknow in this regard.

The Court specifically directed Respondent No. 10 to take a view on implementing the High Court's judgements in certain cases including Anant Narayan Mishra vs. The Union of India and 4 others wherein the Banaras Hindu University was directed by the Court the take-up reform, self-development and rehabilitation programmes and integrate the same into the existing legal/statutory framework of the University dealing with deviant conduct of the students and punishments.

Essentially, the bench was dealing with the case of a student, studying in a state university upon whom strict punishment was imposed after it was found that had transgressed some limits of appropriate behaviour in a fit of depression. 

He moved the Court challenging the punitive action taken against him by arguing that the punishment had been imposed in a mechanical manner and was disproportionate. He also tendered an apology for his behaviour

It was also contended that there are deficiencies in the statutory regime of the University and the bye-laws of the college advocate a penal approach to incidents of deviant behaviour by students and do not provide for any reformative action to cure aberrant behaviour of young students.

Certain other arguments were also made stressing that the university must adopt a reformist approach to dealing with deviant students.

Having heard the petitioner and his counsel, the Court on April 12, directed the university concerned (Dr. Apj Abdul Kalam Technical University) to file a counter affidavit disclosing the provisions for a reformist approach to deviant behaviour of young students in the first statutes of the University and whether the University has taken any steps towards adopting a reformist approach to students.

Similarly, the counsel for respondents nos. 4 to 7 were directed to file an affidavit regarding the support systems provided to the students by the institution who indulge in deviant acts and also those who are victims of harassment by other students.

Now, on May 2, the Court was informed by respondents No.1 to 3 that the university has initiated steps to create a structured reform programme to deal with the instances of deviant students' behaviour in light of judgements of this Court in Anant Narayan Mishra v. The Union of India and 4 others 2020 (3) ADJ 466, Piyush Yadav v. Union of India and 6 others 2020 (5) ADJ 566, Satyam Rai v. Banaras Hindu University and 5 others 2020 (4) ADJ 203 and Mohammad Ghayas v. State of U.P. and 3 others (2020) ILR 2 All 1806.

However, the Court stressed that the following issues need to be adverted to for ensuring that the pledge of the universities becomes a reality for the students.

A. The content of the structured reform programme.

B. The officials and the staff responsible for execution of the same have to be nominated or appointed.

C. The applicability of the programme in the affiliated colleges.

D. The system for monitoring such programme for its efficacy, effective implementation and upgradation has to be in place.

E. A specific time frame needs to be prescribed for the creation and execution of the programme.

The Court further asked the respondent-University to take note of the UGC notification in this regard and thereafter, file an affidavit addressing the above issues on the next date of listing.

Further, the Court also directed the Additional Chief Standing Counsel to file an affidavit on behalf of the respondent No.10-Additional Chief Secretary, Technical Education, U.P. Lucknow regarding the stand of the State Government of implementing the judgements of this Court rendered in Anant Narayan Mishra (supra), Piyush Yadav (supra), Satyam Rai (supra) and Mohammad Ghayas (supra) and the guidelines/notification of the University Grants Commission (U.G.C.) dated 12.04.2023.

Advocate Abhinav Gaur and Advocate Ami Tandon, appearing on behalf of respondents No.4 to 7 were granted time to file a better affidavit.

With this, the matter was posted for further hearing on May 17.

Appearances

Counsel for Petitioner: Kanjaanan Pyare Singh, Pawan Kumar Singh, Vijay Kumar Ojha

Counsel for Respondent: Abhinav Gaur, Sharve Singh, Hritudhwaj Pratap Sahi, Vibhu Rai

Case title - Harsh Vardhan Singh vs. Dr. Apj Abdul Kalam Technical University And 6 Others [WRIT - C No. - 10010 of 2023]

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