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2026 Supreme(All) 1383
HIGH COURT OF JUDICATURE AT ALLAHABAD
Vinod Diwakar, J.
Shubhendu Anand And Another - Appellant
Vs.
State Of U.P. And Others - Respondent
WRIT - C No. - 37012 of 2026
Decided On : 16-09-2026
Important Points
Subject
Constitutional Law - Caste-based Discrimination
Headnote
(B) Protection of students - Ensuring that students are not subjected to adverse academic or administrative consequences for raising grievances of discrimination - Removal of the accused from administrative and evaluative roles during the pendency of an inquiry to prevent retaliation. (Para 17)
Facts of the case:
Students of a university alleged that the Head of the Department and Warden used academic and administrative authority as an instrument of caste-based humiliation and retaliation, including biased evaluation of answer scripts and insulting remarks regarding caste and reservation. Despite multiple complaints to the university administration, no action was taken.
Findings of Court:
The allegations are serious and require examination by an impartial agency after affording a full opportunity of hearing to the person against whom they are made, without recording any prior finding on the truth of the allegations. (Para 8)
Issues: Whether students belonging to Scheduled Castes and Scheduled Tribes were subjected to caste-based humiliation or discrimination by university personnel and whether the university dealt with the complaints in accordance with applicable regulations. (Para 12)
Ratio Decidendi: To ensure an unbiased process, the court directed the constitution of an independent committee for the masked re-evaluation of answer sheets and a judicial inquiry by designated officers to ascertain the truth of the discrimination claims, while simultaneously relieving the accused of administrative responsibilities to prevent potential retaliation. (Paras 10, 11, 17)
Result: Interim directions issued for re-evaluation and judicial inquiry.
Legal Category Hierarchy
- practice and procedure
- constitutional law
- administrative law
Advocate Appeared:
For the Appellant : Shivam Agarwal
For the Respondent: C.S.C.
JUDGMENT :
VINOD DIWAKAR, J.
1. Heard Shri Shivam Agarwal, learned counsel for the petitioners and Shri Gaurav Tripathi, learned counsel for the respondent nos.2 & 3.
2. Shri Prabhakar Awasthi, learned Senior Counsel appearing on behalf of the respondent no.6 seeks and is granted a week's time to file a counter affidavit.
3. The case of the petitioners is that petitioner no. 1 is a Ph.D. research scholar and petitioner no. 2 is a student of the Vth Semester of the B.A. LL.B. (Hons.) course in the respondent-University, Dr. Rajendra Prasad National Law University, Prayagraj. Petitioner no. 2 is a resident of the Boys' Hostel of the University.
4. The petitioners state that they do not seek any exemption from the academic standards prescribed by the University. Their grievance is that academic and administrative authority has been used by respondent no. 6 - the Head of the Department of Law and Warden of the Boys' Hostel- as an instrument of caste-based humiliation and retaliation.
5. Petitioner no. 2 submitted a complaint dated 20.08.2026 by electronic mail to respondent no. 3, the Vice-Chancellor, with a copy to Dr. Sonika, Assistant Professor of Law. It is contended that the competent authority of the University has failed to take any action upon the complaint, and has thereby, in effect, shielded respondent no. 6. Petitioner no. 2 is said to have sent repeated reminders and further complaints, but his grievance remains unredressed.
6. Excerpts from the second and third paragraphs of the complaint dated 20.08.2026 are reproduced hereunder, for a proper understanding of the issue raised:
"... Constitutional Law-II is the Gold Medal subject, and I had secured the highest marks in Constitutional Law-I. At the beginning of Fourth Semester, a remark was made by respondent no. 6 to the effect: 'jo constitutional law me highest lekar aya hai, ab mere me lekar aaye.' The concerned faculty member was aware that I had secured the highest marks in Constitutional Law-I. I, therefore, understood it as an indirect reference to me and my previous performance.
I believe that the stricter evaluation of my answer-sheets is due to my caste, as there have been multiple occasions when he, who belongs to an upper caste community, has publicly made intentional insulting remarks concerning caste and reservation, including 'Tum to achchi family se ho, tumhe reservation kyo chahiye?' and comments regarding a current faculty member who was appointed under the reserved category...
I therefore respectfully request that my Constitutional Law-II and other answer scripts be independently reviewed or re-evaluated by another impartial evaluator, subject to the University's rules, to determine whether the same standards and degree of scrutiny have been applied to my answer scripts.
I also request that my identity and this representation be kept confidential to the maximum extent possible, and disclosed only to persons necessary for examining the matter. I am concerned that raising this issue may adversely affect my future academic environment, my relationship with faculty members, or academic opportunities ..."
7. Further allegations of caste-based remarks directed at the petitioners are contained in Annexures 2, 3 and 4 to the petition. Those allegations have not been set out in this order, since their reproduction at this stage would serve no purpose, the matter being yet to be inquired into.
8. It is clarified at the outset that this Court records no finding whatsoever upon the truth of the allegations made against respondent no. 6 or against any other person. The allegations are serious, and for that very reason they require to be examined by an impartial agency after affording a full opportunity of hearing to the person against whom they are made. Nothing in this order shall be construed as an expression of opinion upon their correctness.
9. Having heard learned counsel for the petitioners, and upon a perusal of the record and of the prayers made in the petition, this
