Gujarat High Court Stays GNLU's Suspension Of Law Student From Hostel Over Alleged Misconduct

The Gujarat High Court on Wednesday (October 9) stayed till further orders a September notice issued by Gujarat National Law University (GNLU) suspending a student from the halls of residence "with immediate effect", in connection with an incident of alleged "misconduct".

The interim order was passed in the petitioner student's plea challenging the University's September 20 suspension notice and the direction to vacate the hostel accommodation within 24 hours. The suspension was issued following the recommendation of the University's Student Disciplinary Committee due to alleged "non-cooperation" by Meena, after it had asked him to attend a meeting last month with respect to the alleged incident.

Issuing notice on the student's plea a single judge bench of Justice Aniruddha P Mayee in its order said, "In the meantime, the impugned communication/notice dated 20.9.2024 suspending the petitioner from the Halls of Residence with immediate effect shall remain stayed till further orders. The respondent No.1 University is directed to reinstate the petitioner in the Halls of Residence to his allotted room with immediate effect on the receipt of this order".

The student–Gaurav Meena, who appeared in person before the court argued that in September 2023 he had initiated an Anti Ragging Complaint with the University Grants Commission (UGC). An inquiry came to be conducted and was concluded with the direction that the "respondent in the Anti Ragging Complaint should render apology" to the petitioner student, he said.

The petitioner submitted that the UGC's order was not complied with and so he made a communication to the UGC on 'E-Samadhan' portal. Pursuant to this, he said, the UGC by its September 10 communication wrote to the GNLU's Registrar to "look into the matter and take necessary actions as soon as possible" and intimate the petitioner directly.

The petitioner contended that the Student Disciplinary Committee (SDC) of GNLU by its September 11 communication issued a "notice" to him to appear in person before the committee on September 13 with respect to an incident of alleged "misconduct" which took place on July 5.

After he received the email communication, the petitioner immediately replied to it on the same day informing the Committee that he had "continuous evaluation tests for different subjects" on September 13, 17 and 20 respectively.

He said that he sought some accommodation and also sought a "clarification" as to whether in the first meeting he shall be given a copy of the "complaint of misconduct" against him for investigation/interrogation purpose.

"That on 14.9.2024, the petitioner communicated that he had tried to meet the concerned authority after test hours on 13.9.2024, but the concerned authority had refused to meet him and therefore, the petitioner has sought another date," the order notes.

"It is the case of the petitioner that thereafter on 20.9.2024, the petitioner has received notice from the Registrar of the respondent No.1 University that pending the SDC Inquiry due to non-cooperation of the petitioner, the Student Disciplinary Committee has recommended for suspension of the petitioner from the Halls of Residence with immediate effect and therefore, he has been placed under suspension from the Halls of Residence with immediate effect and he has been directed to vacate hostel accommodation within 24 hours till further orders," it adds.

The petitioner submitted that pursuant to the September 20 communication, he vacated the hostel the next day i.e. on September 21.

Listing the matter on November 25, the high court directed that the replies be filed before the next date of hearing.

Case title: Gaurav Meena v/s Gujarat National Law University Through Registrar I/C & Others

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