Jahanvi Agarwal
On 21st February 2024, the Delhi High Court emphasized the imperative for educational institutions to refrain from becoming arenas for partisan politics and stressed the significance of maintaining discipline among students.
Justice C. Hari Shankar elucidated that while students possess the right to engage in political endeavors, such activities must not disrupt the regular functioning of educational campuses. The judge emphasized that the primary objective of educational institutions is to nurture future leaders, and any involvement in political affairs should not undermine this fundamental goal.
These observations by the court were made in the context of a case concerning the suspension of a Ph.D. student at Jawaharlal Nehru University (JNU) for allegedly assaulting a security guard. Justice Shankar expressed apprehension over several instances where disciplinary actions against students were nullified due to procedural deficiencies by college authorities. Stressing the importance of adhering to procedural norms, the judge cautioned that failure to do so could result in the annulment of disciplinary measures.
The court highlighted the delicate balance between ensuring fair treatment for innocent students and preventing disruptive behavior from being tolerated. It stated, “If the student concerned is innocent, that, of course, would be just and fair; on the other hand, if the student is actually complicit in the allegations against her, or him, victory in a judicial battle harbours the pernicious possibility of her, or him, being emboldened to continue such activities.”
Moreover, the court issued guidance to educational institutions, asserting that strict compliance with statutory procedures is essential for maintaining discipline on their premises. The high court’s counsel comes at a time when educational institutions are grappling with numerous disciplinary issues, urging administrations to uphold order while safeguarding student’s rights.
In the case under consideration, a Ph.D. student contested her suspension, alleging procedural irregularities in the disciplinary process. Upon finding merit in the argument, the court overturned the suspension and ordered the student’s reinstatement at JNU. However, the court made it clear that the university could proceed with disciplinary action against the student, provided it adhered strictly to the law and complied fully with the university’s statutes.
Case Name: Swati Singh v. Jawaharlal Nehru University
Diary Number:1008/ 2024
Bench: Hon’ble Mr. Justice C.Hari Shankar