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Synopsis

The Allahabad High Court recently set aside a suspension order issued by the Registrar of Banaras Hindu University against a student in 2022. The student allegedly took part in a brawl with another student at the University's Cyber Library.

The bench of Justice Ajay Bhanot found the suspension order to have been passed mechanically without application of mind. Court pointed out that the cause for 'marpeet' and nature of action by the students or the petitioner's role was not disclosed from the record and no aggravating circumstances had been mentioned in the impugned order to justify a penal measure of the this nature.

In fact perusal of the counter affidavit (of the University) shows that neither any inquiry was conducted nor was the petitioner ever granted opportunity of hearing prior to imposition of penalty of suspension, the single judge bench highlighted.

Challenging the suspension order, the counsel for the student-petitioner argued that he was entitled to an opportunity to reform himself and redeem his reputation in the eyes of his teachers and student community at large. 

The university while imposing punishment adopted an entirely penal approach against the petitioner instead of giving him an opportunity to the petitioner to reform, he asserted. 

The counsel alleged that the University neglected the mandate of Anant Narayan Mishra Vs. Union of India, Mohammad Ghayas Vs. State of U.P. and others3 , and Piyush Yadav Vs. Union of India and others.

However, the Union government, a party in the matter, informed the court that it had conducted a meeting with the BHU and the UGC during the pendency of this writ petition to facilitate the implementation of the UGC guidelines and compliance of the judgments of the high court in cases of Anant Narayan, Mohammad Ghayas and Piyush Yadav for a reform based programme to deal with student misconduct and to incorporate the same in the first statutes of the university.

While adjudicating upon the plea, court discussed in detail the approach to be adopted by universities while dealing with misconduct by students.

Justice Ajay Bhanot ordered BHU to devise a reform programme for students accused of misconduct in light of the judgments rendered by the high court in the case of Anant Narayan, Mohammad Ghayas and Piyush Yadav and the UGC guidelines dated 12.04.2023.

"The University shall incorporate the said reform programme in the first statutes of the BHU within 6 months (as per the undertaking given by the BHU before this Court). The University thereafter implement and monitor the reform programme," court directed. 

Moreover, it issued several directions to the UGC which included:

i) It shall ensure circulation of guidelines dated 12.04.2023 to all universities within the jurisdiction of UGC;

ii) It shall create a system for monitoring the implementation of the guidelines dated 12.04.2023 by various universities as per law;

iii) It may also hold regular workshops and seminars to create a library of collective experiences of various universities in these matters;

Union of India was also directed to facilitate the implementation of UGC guidelines dated 12.04.2023 in Central Universities as per law and in conjunction with UGC.

Regarding the student's plea, court set aside the suspension order and directed that he shall be permitted to continue as a regular student in the University.

Case Title: Raunak Mishra v. BHU and 2 Others