Court Orders Fresh Proceedings Ensuring Compliance with Principles of Natural Justice
In a significant judgment, the Punjab and Haryana High Court has quashed the expulsion of Khushi Sehrawat, a medical student, from Pt. B.D. Sharma University of Health Sciences, Rohtak, citing non-compliance with the principles of natural justice. The court has directed the university to conduct fresh proceedings after ensuring that the student is provided with the necessary documents and an opportunity for a personal hearing.
The judgment was delivered by Justice Kuldeep Tiwari, who presided over the case involving writ petitions CWP-8528 of 2026 and CWP-8652 of 2026. The court held that the expulsion order, dated February 2, 2026, was legally unsustainable as the student was not given copies of the recommendations made by the Board of Discipline and the report of the Handwriting Expert, nor was she afforded a personal hearing.
The case stems from allegations of misconduct related to an examination scam, which led to the expulsion of Sehrawat and the cancellation of her MBBS examination results. The university had initially formed a Fact-Finding Inquiry Committee, which highlighted significant irregularities in the examination process. Following this, a Board of Discipline was constituted, which recommended the expulsion based on the findings, including a report by a Handwriting Expert that disputed the authenticity of Sehrawat's answer sheets.
However, the court found that the Vice Chancellor's decision to expel Sehrawat did not adhere to the procedural safeguards guaranteed under the principles of natural justice, as the student was not allowed to review the evidence against her or contest it adequately. Justice Tiwari emphasized that despite the severity of the allegations, the fundamental requirement for a fair hearing must be observed.
The court has directed the petitioners, including Sehrawat, to appear before the Vice Chancellor on March 27, 2026. They are to be provided with the relevant documents, including the Board's recommendations and the Handwriting Expert's report. The petitioners will then have seven days to file their objections, after which a fresh hearing will be conducted.
This ruling underscores the judiciary's commitment to upholding procedural fairness and the rights of individuals facing disciplinary actions within educational institutions. The decision serves as a reminder that institutions must adhere to established legal protocols when enforcing disciplinary measures.
Bottom Line:
Principles of natural justice - Expulsion of student from university for alleged misconduct - Failure to provide student with copies of recommendations of the Board of Discipline and report of Handwriting Expert, and to afford personal hearing - Held, impugned order legally unsustainable for non-compliance with principles of natural justice - Directions issued for fresh consideration.
Statutory provision(s): University Ordinance Clauses 2, 3, 4, 7, 8.
