Delhi HC sets aside expulsion of JNU student ordered in 2011; expresses concern

NEW DELHI : Setting aside the expulsion of a student in 2011 on account of possession of an "objectionable" video, the Delhi High Court has said it was a matter of concern that a premier institute like the Jawaharlal Nehru University (JNU) acted with a "predetermined intent" against him while making a mockery of the principles of natural justice and fair play.

Justice C Hari Shankar directed the university to permit the student to complete his course in the best manner possible if he made such a request. Petitioner Balbir Chand, a second year student of Master of Computer Application (MCA) course, was expelled in February 2011 after certain "objectionable material", which allegedly indicated that he ragged certain students, was found in his personal laptop.

In a recent order, the court observed that the show cause notice and the expulsion order were passed within 24 hours and the opportunity to the petitioner to file a reply was a "mere eye wash". "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, and nothing more," the court said.

"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. It is also in the teeth of the principles governing holding of proctorial enquiries in the JNU. 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," it concluded.

The court said the petitioner cannot be prejudiced as a result of the pendency of his writ petition, especially as the decision to expel him has been found to be illegal. "It would be for the JNU to take appropriate steps in order to ensure that the petitioner is able to complete his MCA course, in the best manner possible," it added.