Court mandates adherence to principles of natural justice before disciplinary action is taken against students.
In a significant ruling, the Punjab and Haryana High Court has nullified the expulsion of an MBBS student from Pt. B.D. Sharma University of Health Sciences, Rohtak, citing non-compliance with the principles of natural justice. The decision, delivered by Justice Kuldeep Tiwari, highlights the necessity for educational institutions to follow due process before imposing severe disciplinary actions.
The case involved Munish, a student of the 2020 MBBS batch, who was expelled following allegations of malpractice in university examinations. The expulsion, ordered by the Vice Chancellor based on the Board of Discipline's recommendations, was challenged by Munish on grounds of procedural impropriety.
The court found that the Vice Chancellor failed to provide Munish with a copy of the Board’s recommendations or an opportunity for a personal hearing before passing the expulsion order. This omission, the court held, violated fundamental principles of natural justice, rendering the expulsion order legally unsustainable.
Justice Tiwari emphasized that even in cases involving serious allegations, adherence to natural justice is indispensable. The court directed the Vice Chancellor to supply Munish with the Board's recommendations and allow him to submit objections. A fresh hearing must then be conducted, ensuring that Munish is granted a fair chance to defend himself.
The ruling underscores the court's commitment to uphold procedural fairness in educational disciplinary processes. It serves as a reminder to universities about the critical role of natural justice in maintaining the integrity of disciplinary proceedings.
Bottom Line:
Principles of natural justice - Expulsion of student from University without providing a copy of recommendations of the Board of Discipline and opportunity of hearing vitiates the impugned order.
Statutory provision(s): Indian Penal Code Sections 409, 420, 467, 468, 471, 120B, Prevention of Corruption Act Sections 7A, 13, University Ordinance Clauses 3(1)(s), 4(f), 7(1)(a).
Munish v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2864035
