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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
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 were reported to the higher authorities. This incident attracted the print and electronic media, however, the agitation made by the petitioners was taken up by the Disciplinary Committee of the College, who in turn, issued office order dated 23.02.2024, asking the petitioners along with others to explain as to why they may not be expelled from the college.
4. The petitioners appeared before the Disciplinary Committee, who have been given a questionnaire to answer. They submitted their reply to each and every points raised in the questionnaire. However, the Disciplinary Committee did not satisfy with t
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....
The main legal point established is that disciplinary action against students must be based on fair proceedings and justified by specific violations of the institution's code of conduct.
Administrative actions lacking proper procedure and notice violate principles of natural justice, rendering them arbitrary and illegal.
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