‘It’s taxing… not everyone can move court’: JNU student after HC set aside rustication

Singh, a PhD student at the Centre for Russian Studies, had first filed an appeal before the Vice-Chancellor against JNU’s November 8, 2023, order. This was dismissed on November 23, and she was evicted from the hostel. She then approached the HC with a writ petition.

Singh, who is also the president of the Democratic Students’ Federation, told The Indian Express, “I’m in my final year, a crucial one in my PhD journey. A major part of the year was spent on this case. I had stated in my appeal before the V-C to consider my case, not rusticate me and… give me an opportunity to present my case… I couldn’t give up academics so I ensured I approached the court.”

In its February 7 order, Justice C Hari Shankar observed that Statute 32(5) of the ‘Statutes governing JNU’ sets out a specific protocol to be followed in proctorial enquiries pertaining to acts of indiscipline by students. The HC said the procedure required, among other things, recording the complainant’s deposition and statement of the accused person as well as cross-examination of the two. There had been several breaches of this procedure, not all of which can be explained by asserting Singh had not attended the enquiry despite three requests, it said.

“Even if the petitioner had not participated in that enquiry, it did not absolve JNU of its requirement to provide the petitioner with all material against her to enable her to put up a proper defence… Arriving at a decision that a person is culpable of a particular misconduct or offence without providing to the person the material and the evidence on which the decision is admittedly based… amounts to clear and flagrant violation of the principles of natural justice and fair play,” the HC said, adding that both orders passed by JNU were “unreasoned” and set them aside.

Justice Shankar also penned an ‘advisory note’ in the order, underscoring that if a university/institution, is “serious about instilling discipline in its premises, it has to ensure enquiries conducted against students suspected of unpardonable indiscipline, and punishments awarded consequent thereto, are in strict compliance with the statutory protocol”.

Meanwhile, Singh said she has been a “key activist in the campus” and raised various issues of students over last eight years due to which she was “made a target”.

Although her course would end this year, she intends to seek an extension. She said after the order was passed last week, she entered campus along with a copy of it and applied for registration in the current semester.