University Rustication Quashed Over Natural Justice Violation; Court Emphasizes Reformative Approach - 2024-01-25

Amity University 's Rustication Order Overturned: High Court Cites Violation of Natural Justice

Allahabad High Court Division Bench dismisses Amity University 's appeal, upholding single judge's decision to quash student's rustication for marking fake attendance.

In a recent judgment, a division bench of the Allahabad High Court, comprising Acting Chief Justice Manoj Kumar Gupta and Justice Donadi Ramesh , dismissed an appeal filed by Amity University and others against a single judge's order. The single judge had quashed the rustication of a student, the second respondent in the appeal, finding procedural lapses and violation of principles of natural justice in the university's disciplinary proceedings.

Case Background: Allegations of Fake Attendance

The student, enrolled in the B.Tech Computer Science course at Amity University , was rusticated for six months, later reduced to three months on appeal within the university, for allegedly marking unauthorized "ODs" (On Duty attendances). The university initiated disciplinary proceedings based on allegations of the student indulging in marking fake attendances for other students. Aggrieved by the rustication, the student filed a writ petition before the High Court.

Single Judge's Verdict: Natural Justice Denied

The single judge allowed the writ petition, citing a lack of adherence to natural justice principles. The court noted that the student was not provided with crucial documents such as the enquiry report and adverse materials, nor was he formally charged with a statement of allegations. Consequently, the rustication orders were deemed illegal. The single judge also considered the already served suspension period and, aiming for reformation, found the punishment disproportionate, directing the university to issue a fresh mark sheet without the 'B+' cap and disciplinary remarks.

University's Appeal: Fair Procedure Claimed

Representing Amity University , Senior Counsel Sri G.K. Singh argued that the single judge's findings of procedural unfairness and disproportionate punishment were "perverse" and contradicted the record. He contended that the student was aware of the charges, evidenced by his written statement to the Enquiry Committee, WhatsApp chats, and participation in meetings. The university maintained that no prejudice was caused to the student, emphasizing that action was taken against multiple students and faculty members involved in the attendance malpractice. Further, the university argued that setting aside the rustication entirely without allowing for a fresh enquiry would have wide ramifications, especially given the large scale of the disciplinary proceedings.

Student's Counsel: Enquiry Flaws and Disproportionate Penalty

Shri Ashok Khare, Senior Counsel for the student, defended the single judge's decision, asserting that the enquiry was indeed vitiated by the absence of a formal charge sheet, lack of cross-examination opportunities, and non-disclosure of adverse materials and the enquiry report. He argued the 'B+' cap regulation was inapplicable in cases of rustication-related absence and that the university's initial prevention of the student from filling the exam form even before suspension was malafide.

High Court's Analysis: Balancing Discipline and Natural Justice

The division bench, after analyzing the university's regulations on attendance and disciplinary actions, acknowledged that the student was indeed aware of the allegations against him. The court scrutinized the evidence presented, including the student's admission, witness statements, and WhatsApp chats, which formed the basis of the disciplinary committee's findings.

However, referencing precedents like Bihar School Examination Board vs. Subhash Chandra Sinha and ECIL v. B.Karunakar , the court deliberated on the application of natural justice principles, especially the "useless formality" theory. While acknowledging potential procedural lapses, the court emphasized that the proceedings involved multiple levels of enquiry and the student's participation.

Despite recognizing possible procedural shortcomings, the bench quoted from Aligarh Muslim University and others vs. Mansoor Ali Khan to underscore that not every procedural violation automatically voids proceedings, particularly if no real prejudice is shown.

The judgment highlighted a crucial aspect:

> "In the instant case, we do not find any such violation or unfair-play which may vitiate the entire disciplinary proceedings albeit there may have been certain procedural lapses. One fact which has a material bearing is that the second respondent has already passed the course, therefore, even if we think of doubting the correctness of the procedure, in normal course, the matter requires to be remitted to the concerned authority for resuming the enquiry from the stage it stood vitiated. This would visit the student with far more serious consequences."

The court noted the university’s lenient measures and the Vice Chancellor's reduction of the rustication period. Referencing Shivam Kant vs. Union of India , the bench deemed a fresh enquiry "impracticable as well as inequitous," considering the student had already undergone the punishment period.

Upholding Reformative Approach and Relief to Student

Ultimately, while disagreeing with the single judge that the enquiry was entirely "non est," the division bench upheld the single judge's final directions. The court concurred with the reformative approach, stating:

> "We agree with his view that in matters relating to students, while on one hand, the University has to ensure maintenance of discipline to ensure a conducive academic atmosphere, but at the same time it is also obliged to adopt reformative approach which is critical for bringing back indisciplined students to the main stream. We, therefore, decline to interfere with the ultimate directions issued by learned Single Judge for removal of B+ Cap and from not making any reference to the disciplinary proceedings in his mark sheet as it would definitely visit him with evil consequences all through his career."

The appeal was accordingly dismissed, providing relief to the student and reinforcing the importance of natural justice and a reformative approach in university disciplinary matters.