Mockery of principles of natural justice: HC ‘concerned’ over expulsion of JNU student in 2011

A single-judge bench of Justice C Hari Shankar, in its April 1 order, observed: “The manner in which the JNU has proceeded in the case of the petitioner is a mere mockery of the principles of natural justice and fair play.”

According to the HC, the manner in which the university proceeded against Chand is “also in the teeth of the principles governing holding of proctorial enquiries in JNU, as has already been observed by this court in Swati Singh”.

On February 7, Justice Shankar had granted relief to Singh, a PhD student, after the university rusticated her in 2023 for two semesters and declared her “out of bounds” for allegedly misbehaving with a woman security guard. The HC had in her matter said that the ‘statutes governing JNU’ sets out a specific protocol to be followed in proctorial enquiries pertaining to acts of indiscipline by students and there had been “several breaches” of this procedure.

The HC, thereafter, said: “The fact that the JNU was all along acting with a predetermined intent of removing the petitioner from his premises is apparent even from the issuance of the show-cause notice on 11 February 2011, and the impugned order within 24 hours, thereof, on 12 February 2011. The ‘opportunity’ to the petitioner to file a reply to the show-cause notice was, therefore, a mere eyewash and nothing more. It is a matter of concern that the JNU, which is a premier university, has acted in this fashion. As the incident is today of 12 years vintage, I say no more.”

Setting aside Chand’s expulsion, Justice Shankar said that it would be for the petitioner, if he so chooses, to approach the university for the completion of his Masters. “In case he does so, the JNU shall permit the petitioner to complete his course,” the HC underscored.

JNU’s counsel said that in 2011, the MCA course was for three years, whereas, it now has a duration of two years. The HC, thereafter, said that the petitioner “cannot be prejudiced” as a result of the pendency of his petition, especially as the “decision to expel him has been found to be illegal”.

“It would be for the JNU to take appropriate steps in order to ensure that the petitioner is able to complete his MCA course, in the best manner possible,” said the HC, while allowing the plea.