Delhi HC Permits Rusticated JNU Students to Take Exams
The Delhi High Court has ordered Jawaharlal Nehru University to permit the nine students rusticated over allegations of sexual harassment to appear for their upcoming examinations starting coming Wednesday.
Observing that the principles of natural justice were violated, a bench led by Justice Vikas Mahajan directed the University to allow the petitioners to take their examination. He also added that no coercive action shall be taken against them to vacate their hostels until the next hearing.
On May 5, Jawaharlal Nehru University, through an office order, rusticated the students for two semesters and declared them out of bounds from the campus with immediate effect. The rustication followed complaints regarding alleged sexual harassment and violence that took place during a fresher's party on October 26."
The matter was initially mentioned before a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela.
Later in the day, it came up before the bench of Justice Vikas Mahajan.
During the hearing, Advocate Kumar Piyush Pushkar, appearing for the students, argued that prior to the passing of the impugned order, an enquiry was conducted by the respondent University; however, the petitioners were not given any opportunity to cross-examine the witnesses.
He further contended that the impugned orders are not sustainable as the same have been passed in violation of the principles of natural justice.
Court accordingly proceeded to issue notice, which was accepted by Advocate Vasanth Rajasekaran, Senior Standing Counsel appearing on behalf of the University.
"Let counter-affidavit be filed within a period one week. Rejoinder thereto be filed before the next date of hearing," the court directed.
"Needless to state that the aforesaid interim directions will not create any special equities in favour of the petitioners and above directions shall be subject to the outcome of the writ petition," the court added.
Case Title: NIKHIL KUMAR SINGH & ORS. V/s JAWAHARLAL NEHRU UNIVERSITY & ANR.