The court held that educational authorities must follow principles of natural justice before issuing expulsion orders, ensuring students have the opportunity to respond.

JUDGMENT (O R A L)

(14.12.2021)

Bhaskar Raj Pradhan, J.

1. W.P.(C) No. 11 of 2021, W.P.(C) No. 12 of 2021, W.P.(C) No. 13 of 2021 and W.P.(C) No. 14 of 2021 are being disposed of by this common judgment.

2. The writ petitions have been filed by four students of the Sikkim Government College, Gyalshing (College), who challenges their expulsion orders all dated 19.02.2021 bearing identical reference no. 276/SGC/GYAL/EDN/W/2021 (the impugned expulsion orders).

3. The petitioners were pursuing their Bachelor of Arts Degree from the College. Praveen Basnet was a student of B.A. (Political Science Honours). Pravin Sharma was a student of B.A. (Sociology Honours). Lok Nath Chettri was a student of B.A. (English Honours). Nakul Sharma was a student of B.A. (Physical Education Honours).

4. The petitioners allege that although the College started functioning, its infrastructure was inadequate to meet the requirements; it did not offer streams like science and commerce; and it did not have an academic environment.

5. The petitioners took their grievances before various authorities who gave them certain assurances. However, since no progress was made, a video clip was prepared highlighting the infrastructural deficiencies of the College and uploaded in social media platforms. Show cause notices were issued alleging that a press conference was held by them on 19.11.2020 within the College premises. The petitioners replied to the show cause notices clarifying that they had prepared a video clip and not held a press conference. According to the petitioners, there were no further communications thereafter.

6. The petitioners allege that on 02.02.2021, they along with other students of the College met the Respondent no. 2 regarding their grievances. Although they sought for an appointment with the Minister in charge, the meeting could not take place. On 05.02.2021, they were arrested. The petitioners alleged that the allegations in the FIR were false. They were released on 06.02.2021. On 06.02.2021, some students submitted a written complaint at the Sadar Police Station against the respondent no.2 for alleged misbehaviour. After the petitioners were released on bail, they held a press conference giving details of the assurances given by the State Government on 19.03.2020 and till the time of their arrest and release. On 07.02.2021, some other students filed yet another complaint against the respondent no.2. Thereafter, on 17.02.2021/18.02.2021, the respondent no.3 asked the father/guardian of the petitioners to be present in his office at 2 p.m. along with the petitioners for having violated the rules and regulations of the College. The petitioners along with their relatives went to the office of the respondent no.3 where they requested the authorities to take them back.

7. On 19.02.2021, the petitioners were expelled. On 02.03.2021, the counsel of the petitioners served a legal notice to the respondents. Under such circumstances, the petitioners have sought for quashing of the impugned expulsion orders as well as the decision taken by the General Body Meeting held on 10.02.2021.

8. The respondents no.1, 2 and 3 have filed their counter- affidavits. It is contended by the respondents that the impugned expulsion orders are the culmination of several failed attempts aimed at ensuring that the petitioners and other students of the College maintain discipline as expected of them. They assert that despite several instances of misconduct on the part of the petitioners, the respondents have condoned them with the hope that the petitioners would mend their ways. However, emboldened by the lack of stringent action against the