W.P.(C) 3667/2023

Page 1 of 58

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 11 January 2024

Pronounced on: 18 January 2024

+

W.P.(C) 3667/2023 & CM APP No. 1019/2024

APOORVA Y K

..... Petitioner

Through:

Mr. Abhik Chimni, Mr. Saharsh

Saxena, Mr. Anant Khajuria &

Ms. Riya Pahuja, Mr. Mukul

Kulhari, Advocates.

versus

SOUTH ASIAN UNIVERSITY

..... Respondent

Through:

Mr. Sandeep Kumar Mahapatra,

Mr.

Mvinmayee

Sahu

Mahapatra, Mr. Tribhuvan, Mr.

Sugam Kr. Jha, Mr. Raghav

Tandon,

Mr.

Harsh

Raj,

Advocates.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

J U D G M E N T

%

18.01.2024

1.

The petitioner registered for the LLM course with the

respondent South Asian University (SAU, also referred to as “the

University”) on 25 October 2021.

The course was due to be

completed in May 2023.

Digitally Signed By:AJIT

KUMAR

Signing Date:18.01.2024

20:26:31

Signature Not Verified

W.P.(C) 3667/2023

Page 2 of 58

2.

On 26 November 2022, the Proctor of the University issued a

Show Cause Notice to the petitioner, alleging that the petitioner had,

on 23 November 2022,

“1.

Entered the office of Associate Dean of Students Dr. Navnit

Jha without

his

permission

and

persistently demanded

in

a

threatening language complete revocation of the disciplinary action

against certain students,

2.

Entered a Mathematics class of Director (A&E) Prof. Pankaj

Jain at about 10:30 AM without his permission and wanted to

address the Mathematics students. When he requested you to meet

him after the class, you shouted at him in these words, “Can I know

your name?” When he informed you that it was the last week of the

semester studies, you used such abusive words as “forget about your

****ing¹studies”.

3.

Forcefully and without permission of the Acting Registrar

entered his office when he was meeting officials of the University.

4.

Attempted to force the Acting Registrar at the said other

officials to do what they were not bound to do (such as to completely

revoke disciplinary action against certain students and to offer their

resignation) or omit from doing (such as

discussion before

considering necessary action as per the Rules, Regulations and Bye

Laws) under the said SAU Rules, Regulations and Bye Laws.

4.

Made

office

of

the

said

Acting

Registrar

totally

dysfunctional/paralysed by forcefully and without his permission

entering it and by attempting as aforesaid at paras. 3 and 4,

respectively.

5.

Made the said Acting Registrar captive for several hours to

again force him to do what he was not bound to do, as aforesaid, or

omit from doing, as aforesaid, thereby did not allow him to leave his

office for home until the availability of assistance from the Host

country².”

The petitioner was directed to explain, in writing, within a week of

receipt of the said Show Cause Notice as to why disciplinary action be

not

taken

against

her

as

per

the

SAARC

Intergovernmental

Agreement,

Rules,

Regulations

and

Bye-Laws,

including

the

Headquarters Agreement between the University and India.

1 The asterisks represent a well known four-letter expletive which, rather surprisingly, has been reproduced in

the Show Cause Notice. However, propriety demands that I refrain from doing so.

2 Section 2(k) of the South Asian University Act, 2008 defines India as the "host country".

Digitally Signed By:AJIT

KUMAR

Signing Date:18.01.2024

20:26:31

Signature Not Verified

W.P.(C) 3667/2023

Page 3 of 58

3.

The petitioner submitted her response to the above Show Cause

Notice on 9 December 2022.

All allegations in the Show Cause

Notice were categorically denied.

The reply asserted that, on 22

November 2022, Ammar Ahmed (“Ammar”), a first-year M.A.

Sociology student in the University had had seizures and become

unconscious, and had to be hospitalised.

During hospitalisation,

Ammar suffered a cardiac arrest. He was resuscitated and had to be

intubated, in which condition he remained in the ICU at the Primus

Hospital in New Delhi.

The petitioner and other students of the

University were distressed at the fac