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Quashes of Whistleblower Student for Violating
Court: | Case: CWJC No.13311 of 2024 | Date:
The on Wednesday set aside the of Akash Kumar, a postgraduate student at , who was expelled after posting alleged administrative irregularities on social media. The court held that the university violated principles of by failing to furnish the enquiry report and provide a specific before imposing the extreme penalty.
A Student’s Social Media Post Sparks a Disciplinary Storm
The dispute began in when Akash Kumar, a first-semester PG student in Media Studies, raised concerns about alleged irregularities in the promotion of a non-teaching employee, Dinesh Hooda. After the university took no action on his complaints, Kumar took to social media to highlight what he called administrative misconduct.
In response, the Chief Proctor issued a on , accusing Kumar of and attracting cybercrime provisions. Kumar submitted his explanation on 18 July, and after a second notice on 19 July, he replied again on 25 July. Yet, on that very day, the university suspended him. Within weeks, on , it expelled him indefinitely—barring him from all campuses and debarring him from any future admissions.
Arguments: Fair Process vs. Campus Discipline
Petitioner’s Stand: argued that the expulsion order did not specify any period, violating and . He contended that the Proctor’s power under Ordinance 17 is limited to suspending or rusticating a student for a maximum of two weeks. He further submitted that Kumar was never served with the enquiry report or given a specific opportunity to respond to the proposed punishment of expulsion.
University’s Defense: countered that Kumar’s conduct was “reprehensible”—he led unlawful dharnas, disrupted the campus, and obstructed movement. The university claimed a Discipline Committee was constituted under , and the punishment was proportionate to the charges.
Legal Analysis: Where the University Went Wrong
Justice Harish Kumar examined Ordinance 17 of the . Clause 4 permits punishments like fine, campus ban, expulsion, and rustication, but Clause 6 mandates that no punishment shall be imposed unless the student is given a fair chance to defend himself. Critically, Clause 22(b) restricts the Proctor’s power to suspend or rusticate a student for a maximum of two weeks.
The court noted that although the matter was referred to the Discipline Committee, Kumar was never provided its report. Moreover, before imposing —which the court found “ not authorized under the Act and the Ordinance”—no specific was issued.
“Even before inflicting the extreme punishment of expulsion for an indefinite period… the petitioner has not been served with the specific along with the enquiry report, as to why not the petitioner be expelled from the University.”
The court also drew on the decision in X v. Maharashtra National Law University & Ors. (2024), which held that expulsion for an indefinite period is “harsh resulting in ‘’” and thus .
Key Observations from the Judgment
- “The action of the respondent-authorities… does not withstand the test of fairness, besides clearly violating the principle of .”
- “Expulsion for an indefinite period, contrary to the Act or the Ordinance, is not warranted.”
- “The impugned order also does not whisper that before inflicting the punishment of expulsion, the petitioner has been given any specific show-cause that his conduct attracts the expulsion.”
Court’s Decision: Expulsion Quashed, Re-Induction Ordered
Justice Harish Kumar allowed the writ petition and set aside the expulsion order dated . The court directed the university to re-induct Kumar, allow him to complete his course, and permit him to appear in examinations. However, the court also reminded the petitioner to maintain discipline going forward.
The judgment reinforces that even in student disciplinary matters, the principles of —including the right to a and the requirement of a specific show-cause—cannot be bypassed. , without legal backing or procedural fairness, will not be countenanced by courts.
