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K. VINOD CHANDRAN, HARISH KUMAR
Shubham Kumar – Appellant
Versus
National Institute of Technology, Patna – Respondent
K. Vinod Chandran, CJ. – Whether the appellant, a student of the respondent Institute was victimised or whether the Institute’s image has been tarnished by the unsubstantiated allegations raised by the student before the various authorities, is the underlying issue in the appeal which arise from a writ petition challenging an order of expulsion of the student from the Institute for one academic year. The learned Single Judge noticed the submission of the respondent-Institute that they are agreeable to allow the petitioner to participate in the academic activities from the 5th semester, which would commence in July, 2023; took note of an undertaking filed by the petitioner and set aside the impugned order dated 24.11.2022 with direction to the petitioner to abide by his undertaking and participate in the academic activities from the 5th semester. Liberty was also reserved for the Institute to take appropriate action in the event of breach of undertaking.
2. The petitioner who appeared in person submitted that there was no undertaking that he would register for the 5th semester in the Academic Year 2023-2024. It was his submission that he had joined the course for the academic year 20
The court held that educational authorities must follow principles of natural justice before issuing expulsion orders, ensuring students have the opportunity to respond.
The court emphasized that punitive actions against students must adhere to principles of natural justice, including the right to a fair hearing before any disciplinary action is taken.
Administrative actions lacking proper procedure and notice violate principles of natural justice, rendering them arbitrary and illegal.
Willful disobedience of a court order, even if based on negligence or carelessness, constitutes contempt of court and may result in imprisonment and fine.
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