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Synopsis

The Delhi High Court has recently set aside the expulsion order of a student from Jawaharlal Nehru University (JNU), highlighting a serious breach of natural justice principles. The court noted that the disciplinary process was executed in such a manner that made a mere mockery of the principles of fair play. 

The bench of Justice C. Hari Shankar held, “The manner in which the JNU has proceeded in the case of the petitioner is a mere mockery of the principles of natural justice and fair play”.

Balbir Chand, a student of JNU, approached the court challenging an order issued by the Vice Chancellor which resulted in the expulsion of the petitioner from the university premises and the removal of their name from the JNU rolls.

The case revolved around a series of communications sent by the university to the student. The initial communication was received while Balbir Chand was pursuing a Master of Computer Application (MCA) course at JNU, alleging the presence of objectionable material on his personal laptop, hinting at involvement in ragging activities against fellow students. Subsequently, a meeting was arranged between the student and the Chief Proctor on February 2, 2011, as per the directive in the communication. During this meeting, Balbir Chand refuted the allegations, asserting the absence of any objectionable video file on their laptop.

Despite the student’s non-involvement in the proctorial inquiry mentioned in the Show Cause Notice, the university proceeded with the expulsion process. Advocate Meenakshi, representing JNU, contended that 15 witness statements were obtained during this inquiry. However, Advocate M.P.S. Kasana representing the student, contended that he was not allowed to scrutinize statements, cross-examine the witnesses, or present evidence in his defense, a procedure mandated by JNU regulations and principles of natural justice as established in the case of Swati Singh v. Jawaharlal Nehru University (2024 SCC OnLine Del 848).

“The fact that the JNU was all along acting with a predetermined intent of removing the petitioner from his premises is apparent even from the issuance of the show cause notice on 11 February 2011 and the impugned order within 24 hours thereof on 12 February 2011. The “opportunity” to the petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more”, the bench added.

The court held that the expulsion order was null and void, allowing the student the option to approach the university and complete his MCA studies. 

Case Title: Balbir Chand v Jawahar Lal Nehru University (2024:DHC:2607)