The court established that universities must adopt a reformative approach alongside disciplinary actions to ensure justice and uphold students' rights, emphasizing compliance with principles of natural justice.

JUDGMENT :

Ajay Bhanot, J.

1. The judgment is being structured in the following conceptual framework to facilitate the discussion:

I. Introduction & Facts:

2. The issue which arises for consideration in this and the companion writ petitions is the approach to be adopted by universities while dealing with misconduct by students.

3. The petitioner is a student of B.A. (Hons.) Geography, in the respondent-Banaras Hindu University (hereinafter referred to as the BHU). The petitioner has assailed the order dated 21.10.2022 passed by the Registrar, Banaras Hindu University suspending him for six months from all the privileges of the University, and further directing that “he will not be eligible to appear in his semester examinations in which he is studying.”

4. The cause for suspension as disclosed in the order dated 21.10.2022 is that some 30-35 students had gathered at the Limbdi Hostel at BHU and created hangama (commotion). On being assured by the Admin Warden of Limbdi Hostel, the students left the place. However, later the students congregated again at the same place at 01:12 a.m. The Proctorial Board, BHU reached at the spot.

5. The petitioner has also impugned the order dated 14.11.2022 passed by the Deputy Registrar (Academic), Banaras Hindu University rejecting his representation for revocation of the suspension order.

II. Arguments of the learned counsels for parties

6. Shri Prakhar Saran Srivastava, learned counsel for the petitioner has made these submissions:

(i) The petitioner is a bright academic scholar with a promising future ahead of him.

(ii) The petitioner is entitled to an opportunity to reform himself and redeem his reputation in the eyes of his teachers and student community at large (without prejudice to the merits of his case). The university while imposing punishment has adopted an entirely penal approach against the petitioner instead of giving him an opportunity to the petitioner to reform. The University neglected the mandate of Anant Narayan Mishra v. Union of India, 2020 (3) ADJ 466; Mohammad Ghayas v. State of U.P. and others, 2019 SCC Online All 4774 and Piyush Yadav v. Union of India and others, 2020 (5) ADJ 566.

(iii) Non compliance of judgments of this Court rendered in Anant Narayan (supra), Mohammad Ghayas (supra) and Piyush Yadav (supra) by the BHU as well as other stakeholders like the UGC not only jeopardizes the future of the coming generations but also strikes at the rule of law.

(iv) The impugned orders have been passed in violation of principles of natural justice. There is non application of mind by the university to relevant facts in the record.

(v) The punishment is disproportionate to the misconduct alleged against the petitioner.

7. Following submissions has been made by Shri Manish Goyal, learned Senior Counsel assisted by Shri Vimlendu Tripathi, learned counsels for the BHU:

I. The University is bound by the judgments rendered by this Court in Anant Narayan (supra), Mohammad Ghayas (supra) and Piyush Yadav (supra) and is committed to implement the said judgments in letter an