HC pauses DU student's rustication, says imposing penalty without hearing is dictatorial

The Delhi High Court stayed a Delhi University student's rustication after finding she was given no notice or hearing. The order underscored that even academic discipline must follow natural justice and the rule of law.

In Short

• Justice Jasmeet Singh questioned the institution's failure to follow natural justice
• The student was pursuing a six-month bakery and confectionery certificate course
• The rustication order cited inappropriate classroom behaviour, including mobile phone use

The Delhi High Court has stayed the rustication of a Delhi University student, saying she was removed from her course without notice or a hearing. The court said such use of power had “the trappings of a dictatorial exercise of authority” and could not be allowed in a society governed by the rule of law.

While allowing the student to continue her course, Justice Jasmeet Singh said it was difficult to understand how an academic institution, expected to teach discipline, fairness and respect for the rule of law, could impose the harshest disciplinary action on a student without following basic principles of natural justice. The court also asked the institution to file its response explaining the basis of its action.

The petitioner was enrolled in a six-month certificate course in bakery and confectionery at the Centre of Innovative Skill Based Courses. Delhi University’s Open Learning Development Centre rusticated her on September 10, citing what it called a consistent display of inappropriate behaviour in the classroom, including the use of a mobile phone.

In its order passed on September 30, the court said, “The manner in which the respondent Nos. 2 and 3 have proceeded is, to say the least, dictatorial... The very manner in which the power has been exercised, without notice and without hearing, bears the trappings of a dictatorial exercise of authority and cannot be permitted in a society governed by the rule of law.”

The court said the rustication order recorded findings on the student’s alleged conduct without first seeking any explanation from her and, prima facie, showed a complete disregard for the basic principles of natural justice. It added that giving a student a meaningful opportunity to present her version before any action was of profound importance, especially when the consequence was the loss of the chance to continue a course of study. The court’s order has for now allowed the student to remain on the course while seeking the institution’s reply.

- Ends
With PTI inputs