In the later case of X vs Maharashtra National Law University (MNLU), the Bombay High Court tended to the request recorded by a student, X, who challenged his removal from the college due to charges of sexual badgering. The Internal Complaints Committee (ICC) had suggested his removal based on two partitioned episodes of sexual wrongdoing, driving to his evacuation from the university's rolls.
Background
The applicant, a law student at MNLU Mumbai, had been charged of sexual badgering by a fellow student, Y, in February 2023. After an examination by the university's ICC, X was found blameworthy, and the ICC suggested his removal. This was not the first such incident involving X; in 2022, he had faced similar charges, resulting in his expulsion from the university hostel. Despite this previous action, the ICC noted no improvement in X’s behavior, leading to the stronger punishment of complete expulsion.
After his expulsion, X appealed to the Vice Chancellor, requesting a more lenient approach. The Vice Chancellor allowed X to complete his academic sessions and sit for his exams, but ultimately upheld the expulsion order.
Court's Decision
The High Court reviewed the case under Article 226 of the Indian Constitution, where X argued that the punishment was disproportionate. His counsel claimed that while the incidents were serious, the penalty of expulsion was too harsh, particularly as X was nearing the completion of his course. However, the court observed that despite being given opportunities for reform, X’s behavior had not changed.
The court further noted that procedural fairness was followed during the ICC inquiry, and X had failed to raise substantial objections to the findings. Ultimately, the court upheld the expulsion, stating that the ICC’s recommendations were fair and proportional given the circumstances of the repeated misconduct.
Conclusion
The ruling emphasizes the importance of maintaining a safe and disciplined environment in educational institutions, especially in cases involving sexual harassment. It also highlights the role of reformative actions within university frameworks and the consequences of failing to abide by institutional rules.
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TAGS: Bombay High Court MNLU sexual harassment expulsion ICC procedural fairness.
