Disciplinary proceedings against students are independent of criminal investigations, proceeding on preponderance of probabilities; universities may suspend/expel for serious alleged misconduct like weapon use, even off-campus in residential premises, without conviction.

JUDGMENT :

PANKAJ PUROHIT, J.

1. This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has sought the following reliefs:-

a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.03.2025 (Annexure 5) and 12.2.2026 (Annexure 6) passed by the respondent University.

b) Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to continue his studies in the BBA (Analytics & Big Data) course and allow him to attend classes and appear in examination.

2. Facts of the case in brief are that petitioner, a IV^th Semester B.B.A. (Analytics & Big Data) student of University of Petroleum and Energy Studies, Dehradun (Batch 2024–2027), has filed the present writ petition challenging the impugned suspension order dated 27.03.2025 and the subsequent expulsion order dated 12.02.2026 passed by the respondent University. The action against the petitioner stems from FIR No. 58 of 2025 dated 25.03.2025 lodged at Police Station-Prem Nagar, District-Dehradun, alleging offences under Sections 109 , 191(2), 351(3) and 352 of the BNS, 2023, regarding an alleged incident of firing during the night of 24/25.03.2025.

3. Learned counsel for the petitioner contends that he has been falsely implicated due to prior enmity and the petitioner was not present in Dehradun on the date of the alleged incident as he was on sanctioned leave from 24.03.2025 to 01.04.2025, and has already been granted stay of arrest by this Court in WPCRL No.1131 of 2025 vide order dated 23.09.2025. Despite the pendency of investigation and the fact that no charge sheet has been filed, the University initiated disciplinary proceedings under the UPES Regulation Governing Maintenance of Discipline among Students, 2009, and without affording adequate opportunity of hearing, first placed the petitioner under suspension and thereafter imposed the extreme penalty of expulsion by invoking Clause 5(c)(xviii) relating to possession or use of weapons in campus or residential premises.

4. Learned counsel for the petitioner further submits that the said clause is inapplicable as no weapon was recovered from him and the alleged incident did not occur within the University or hostel premises; further, mere registration of an FIR does not establish guilt in absence of conviction. It is asserted that the impugned orders are arbitrary, violative of principles of natural justice, disproportionate, and infringe Articles 14 and 21 of the Constitution of India, as the disciplinary action has been taken mechanically on unsubstantiated allegations, jeopardizing the petitioner’s academic career and future prospects while the criminal investigation is still pending.

5. Learned counsel for the respondents–University submits that the writ petition is misconceived and liable to be dismissed, as the petitioner, being a student of University of Petroleum and Energy Studies, Dehradun, is governed by the UPES Regulation Governing Maintenance of Discipline among Students, 2009. It is contended that following the registration of FIR No.58 of 2025 dated 25.03.2025 alleging serious offences involving use of firearms, the University, considering the gravity of the allegations and their impact on campus safety and institutional discipline, placed the petitioner under suspension as an interim measure and thereafter conducted an independent disciplinary enquiry in accordance with the Regulations. Upon evaluation of the material on record, the Discipline Committee found the