The Delhi High Court slammed the Jawaharlal Nehru University (JNU) for its decision to expel a student who was allegedly found in possession of an objectionable video in his laptop in 2011. The court set aside the university’s decision.
Nearly after 13 years, Justice C Hari Shankar censured the university for blatant violation of principles of natural justice and ordered it to ensure that the student Balbir Chand completes his Masters in the best possible manner in case he wishes to complete it.
The High Court observed that JNU, since the beginning of the episode, was acting with a pre-determined intent of removing the student from its premises. The court also took cognizance of the fact that the order to expel had been passed within 24 hours of issuance of show cause notice to him.
The court said that the opportunity for the petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more. The bench added that it is a matter of concern that the JNU, which is a premier University, has acted in this way. The court added that as the incident is of 12 years vintage, they say no more.
Balbir Chand in 2012 had challenged the JNU VC’s decision to expel him from the campus and remove his name from the varsity’s rolls. Chand was a student of Master of Computer Application (MCA), when in January 2011 he was told about the recovery of objectionable video from his laptop. He had denied all the allegations.
Reportedly, Chand along with another student was charged with producing a video clip depicting one of them in a compromising position with a girl student. The High Court found that he had never been associated with the proctorial enquiry initiated against him. The university had told the Court that statements of 15 witnesses had been recorded.
Justice C Shankar questioned the lack of opportunity to cross examine those witnesses. The Delhi High Court also found that the show cause notice issued to him did not even disclose lip service with the requirement of compliance with the principles of natural justice and fair play as he was given only 24 hours to reply.
The court noted that the petitioner did submit the reply to the said show cause notice on 12 February 2011 itself. On that same day, the impugned order came to be passed by the JNU expelling the petitioner from its environs. The Court observed that it was a mere mockery of principles of natural justice and fair play the manner in which the JNU proceeded in the case.
The court added that it is also in the teeth of the principles governing holding of proctorial enquiries in the JNU. Subsequently, it quashed the decision to expel Chand from the JNU and ordered authorities to ensure he completes his degree in case he decides to do so. The court stated that Chand cannot be prejudiced on account of the pendency of his writ petition since 2012, since the decision to expel was illegal.