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IN THE HIGH COURT OF ALLAHABAD
Ajay Bhanot, J.
Harsh Vardhan Singh - Petitioner
Versus
Dr. Apj Abdul Kalam Technical University and others - Respondents
Civil Misc. Writ Petition No. 10010 of 2023
Decided On : 20-12-2023
| Table of Content |
|---|
| 1. issues of student misconduct and disciplinary actions (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by the petitioner and the college (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. historical context and legal backdrop of university disciplinary policies (Para 17 , 18) |
| 4. need for reformative approaches in university statutes (Para 19 , 20 , 21 , 22 , 23) |
| 5. court's emphasis on reform over punishment (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 6. implementation of ugc guidelines for reforms (Para 37 , 38 , 39 , 40 , 41 , 42) |
| 7. historical educational approaches affecting current policies (Para 43 , 44 , 45 , 46 , 47 , 48) |
| 8. concept of punishments in academia (Para 55 , 56 , 57 , 58) |
| 9. judicial approach to proportionality in student punishments (Para 59 , 60 , 61 , 62 , 63) |
| 10. integration of disciplinary and reformative measures (Para 64 , 65 , 66 , 67) |
| 11. importance of the right to education and rehabilitation efforts (Para 68 , 69 , 70 , 71 , 72) |
| 12. judicial perspectives on adequate punishment (Para 73 , 74 , 75 , 76) |
| 13. balancing student rights and university discipline (Para 77 , 78 , 79 , 80) |
| 14. conclusion on university obligations to students (Para 81 , 82) |
| 15. final directions and outcome of the case. (Para 87 , 88 , 89 , 90) |
JUDGMENT :
Ajay Bhanot, J.
The judgment is being structured in the following conceptual framework to facilitate the discussion:
| I | Introduction & Facts |
| II | Arguments of learned counsels for the parties |
| III | Legal Backdrop to the controversy |
| IV | Anant Narayan Mishra Vs. Union of India; Mohammad Ghayas Vs. State of U.P. and others; and Piyush Yadav Vs. Union of India and others |
| (a) Directions | |
| (b) Compliance | |
| i. UGC : Issuance of notification | |
| ii. University: Changes in First Statutes | |
| V | UGC Guidelines dated 12.04.2023 – Implementation |
| VI | Historical Perspectives of disciplinary approach in institutions of higher learning |
| VII | Punishment Regimes in first statutes of University, UGC Guidelines & Jurisprudence holding the field VIII Validity of the impugned order |
| IX | Conclusions & Directions |
| X | Appendix |
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.Tech (IT) in the respondent college-Ajay Kumar Garg Engineering College, Adhyatmik Nagar, Ghaziabad. The said college is affiliated to the Dr. A.P.J. Abdul Kalam Technical University, Uttar Pradesh, Lucknow.
4. The petitioner has assailed the order dated 13.3.2023 passed by the Director, Ajay Kumar Garg Engineering College, Ghaziabad rusticating him from the college.
5. The impugned order dated 13.3.2023 records the following acts of indiscipline over the past three years:
(b) Harassing the parents of 'A' which was mentioned in her application dated 04th May 2022 where she stated that you were making false allegations against her with is affecting the mental condition of her parents.
(c) Indulging in physical fight with students in the Central Library section during which the glass was broken for which an undertaking was submitted by your father, Mr. Sandeep Pratap Singh, on 3rd March 2022 that will not repeat such acts.
(d) You threatened and tried to commit suicide in ME Block on 29th December 2021 for which you were suspended from the college through a notice dated 30th December, 2021
(e) Sending vulgar messages to Prof. 'B (Name anonymized by this Court)' the Proctor, AKGEC.
(f) Threatening, misbehaving and trying to physically assault with Proctor, AKGEC and trying to tarnish her ima
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