The application of the principles of natural justice, including the audi alteram partem rule, is not excluded in disciplinary proceedings in higher educational institutions, provided that the penalty imposed or liable to be imposed is severe, and, probably, that not only academic performance is being taken into account.

MANISANA, J. :- The petitioner Shri Subrata Das was a student of the 2nd year Degree (Arts) in G. C. College, Silchar. There were allegations against him for taking part in the incident of 26-9-88 in the office of the Principal. Therefore, a show cause notice was issued to him as to why disciplinary action should not be taken against him. The peti-tioner replied to the show cause notice. The Governing Body considered the show cause statement submitted by the petitioner in the meeting held on 28-11-89 and resolved that the Principal incharge should issue transfer certificate to the petitioner Shri Subrata Das by striking his name off the College Roll with immediate effect. Accordingly, the Principal incharge issued the impugned notice dated 1-12-88 to the effect that the name of the petitioner had been struck off the College Roll and a transfer certificate had been issued to him.

2. The only question which arises for our consideration is whether, before the issue of the impugned notice striking the name of the petitioner off the College Roll and the issue of transfer certificate, observation of the prin-ciples of natural justice was required.

3. Dr. M. K. Sharma, learned Counsel for the petitioner, has contended that, in view of para-4 of Chapter-IV of the Assam Education Department Rules and Orders, the appli-cation of any of the rules of natural justice has been excluded.

4. Para-4 of Chapter-IV of the aforesaid Rules and Orders is in the following words :

"The head of an institution may, with the previous approval of the governing body or managing committee, order any undesirable and troublesome scholar to leave the institution without assigning any reason if such action is considered to be necessary for the good of the institution. And in such a case a transfer certificate, free of transfer fee shall be issued." (Emphasis added)

5. In de Smiths Judicial Review of Administrative Action, Fourth Edition, at page 225, it is stated thus :

"As we have seen, the courts have some-times held the exercise of disciplinary func-tions to be non judicial and therefore not subject to the rules of natural justice. But "discipline", like "privilege", is an unwieldy analytical concept. That the courts ought not to interfere in certain disciplinary situations is clear enough. A parent reduces his childs pocket-money, a school teacher gives a pupil a detention; the courts will have nothing to do with these matters for reasons of public policy and because the damage sustained is too trivial. It is equally clear that they should and will be prepared to set aside some disciplinary decisions for non-observance of procedural requirements."

It has further been stated :

"It is now clear that disciplinary proceed-ings in higher educational institutions have to be conducted in conformity with natural justice, provided at least the penalty imposed or liable to be imposed is severe, and, probably, that not only academic perform-ance is being taken into account."

6. In Glynn v. Keels University, (1971) 2 All ER 89 : (1971) 1 WLR 487, a student who had been fined and rusticated for exhibiting himself nude on the campus was able to show that the Vice-Chancellor had failed to observe the requirements of natural justice.-

7. In Wades Administrative Law, Sixth Edition, at page 569, it is stated in the following words :

"Before being expelled for failure in the examinations or for misconduct they are entitled to be treated fairly and given hearing - though clearly this does not apply to the conduct of examinations themselves. In one case students expelled for failure in examinations succeeded in showing that they had not been treated in accordance with natural justice by the examiners, but this was because the examiners had themselves decid-ed that they be asked to withdraw after taking into account personal factors as well as examination marks."

8. A hearing will normally be an oral hearing. But in some cases it may suffice to give an opportunity to make