The Delhi High Court recently set aside the Jawahar Lal University (JNU)’s decision to expel a student who was allegedly found in possession of an objectionable video in his laptop in 2011 [Balbir Chand v Jawahar Lal Nehru University].More than 13 years later, Justice C Hari Shankar censured the university for blatant violation of principles of natural justice and directed it to ensure that the student Balbir Chand completes his Masters in the best possible manner in case he wishes to complete it.The Court remarked that JNU, since the beginning of the episode, was acting with a pre-determined intent of removing the student from its premises.It took note of the fact that the order to expel had been passed within 24 hours of issuance of show cause notice to him.The “opportunity” to the petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more, the Court said.“It is a matter of concern that the JNU, which is a premier University, has acted in this fashion. As the incident is today of 12 years vintage, I say no more,” the Court.Chand in 2012 had challenged the JNU VC’s decision to expel him from the campus and remove his name from the varsity’s rolls.He was a student of Master of Computer Application (MCA) when in January 2011 he was informed about the recovery of objectionable video from his laptop. He had denied the allegation.According to a report in the Indian Express, Chand along with another student was "charged with producing a video clip depicting one of them in a compromising position with a girl student".The Court found that he had never been associated with the proctorial enquiry initiated against him. JNU had told the Court that statements of 15 witnesses had been recorded.Justice Shankar questioned the lack of opportunity to cross examine those witnesses. “If that is so, the Rules applicable to proctorial enquiries in the JNU, as also the most elementary requirements of compliance with the principles of natural justice and fair play, would have required the petitioner to be presented with the said statements, afforded an opportunity to cross-examine the persons who gave the said statement, and lead evidence in his defence.”The Court also found that the show cause notice issued to him did not even “disclose lip service” with the requirement of compliance with the principles of natural justice and fair play as he was given only 24 hours to reply.“Be that as it may, the petitioner did submit the reply to the said show cause notice on 12 February 2011 itself. That very day, the impugned order came to be passed by the JNU expelling the petitioner from its environs,” it noted.The Court said it was a mere mockery of principles of natural justice and fair play the manner in which the JNU proceeded in the case. It is also in the teeth of the principles governing holding of proctorial enquiries in the JNU, the Court added.Thus, it quashed the decision to expel Chand from the JNU and ordered authorities to ensure he completes his degree in case he decides to do so.The Court asserted that Chand cannot be prejudiced on account of the pendency of his writ petition since 2012, since the decision to expel was illegal.“It would be for the petitioner, if he so chooses, to approach the JNU for completion of his MCA. In case he does so, the JNU shall permit the petitioner to complete his course,” ordered the Court.
TAGS: Jawahar Lal Nehru University expulsion student objectionable video laptop violation of natural justice
