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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Ayushi Anand Daughter of Sri Parmanand Lal – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. background of disciplinary action against petitioners. (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioners' defense against expulsion and argument of procedural shortcomings. (Para 7 , 8 , 9 , 10 , 11) |
| 3. respondent's counterarguments regarding the petitioners' involvement. (Para 12 , 13 , 14) |
| 4. court's observations on procedural fairness and adherence to rules. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. court's ruling on the violation of procedural norms in disciplinary proceedings. (Para 21 , 22 , 23) |
| 6. conclusion allowing the writ petition and directive for result publication. (Para 24 , 25 , 26) |
HARISH KUMAR, J.
JUDGMENT :
1. Heard the parties.
2. The petitioners having successfully got through the Bihar Combined Competitive Examination Board Examination, 2021 admitted in the Darbhanga College of Engineering in Electrical and Electronics Engineering for the academic session 2021-25.
3. While the petitioners were pursuing their 4th Semester, in the meanwhile, owing to lack of basic amenities in the college, a protest was made by the students on 19th of October, 2023, which led to interference of the administrative authorities in order to pacify the agitating students. The grievance we
Disciplinary actions in educational institutions must adhere to procedural rules ensuring the right to a fair hearing; failure to do so contravenes natural justice and invalidates punishment.
The court held that educational authorities must follow principles of natural justice before issuing expulsion orders, ensuring students have the opportunity to respond.
Minimum attendance of 75% is mandatory for examination eligibility; Article 14 does not apply to perpetuate illegality.
Writ petition maintainable despite alternative remedy where disciplinary proceedings violate natural justice by rejecting detailed reply to charge-sheet and failing to serve inquiry report properly a....
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