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$-4 HIGH COURT OF DELHI
W.P.(C) 7381/2018
VIKAS YADAV AND ANR. Petitioners
Through Mr. Salman Khurhid, Senior . Advocate along with Mr. Nikhil Bhalla, Mr. Harsh Bawa, Ms. Mitali Chauhan, Mr. Gargi Srivastva, Mr. Ali Mehdi, Mr. Tarun Khanna and
Mr. Ammar Mustafa, Advocates.
W.P.(C) 7381/2018
VIKAS YADAV AND ANR. Petitioners
Through Mr. Salman Khurhid, Senior . Advocate along with Mr. Nikhil Bhalla, Mr. Harsh Bawa, Ms. Mitali Chauhan, Mr. Gargi Srivastva, Mr. Ali Mehdi, Mr. Tarun Khanna and
Mr. Ammar Mustafa, Advocates.
VERSUS
JAWAHARLAL NEHRU UNIVERSITY AND ORS Respondents
Through Ms. Monika Arora, Senior Counsel along with Mr. Harsh Ahuja and Mr. Vibhu Tripathi, Advocates for JNU. W.P.(C) 7449/2018
GEETAKUMARI
Through
Through Ms. Monika Arora, Senior Counsel along with Mr. Harsh Ahuja and Mr. Vibhu Tripathi, Advocates for JNU. W.P.(C) 7449/2018
GEETAKUMARI
Through
VERSUS
Petitioner Mr. Maanav Kumar and Ms. Tara Narula, Advocates.
JAWAHARLAL NEHRU UNIVESITY & ORS Respondents W.P.(C) NOS.7381/20J8. 7449/2018 7486/2018 page J of5
2018:DHC:8520 4'
JAWAHARLAL NEHRU UNIVESITY & ORS Respondents W.P.(C) NOS.7381/20J8. 7449/2018 7486/2018 page J of5
2018:DHC:8520 4'
W.P.(C) 7486/2018
!> Vibhu Tripathi, Advocates for JNU.
JATIN GORAIYA AND ORS. Petitioners
Through Mr. Gaurav Bhardwaj, Advocate.
!> Vibhu Tripathi, Advocates for JNU.
JATIN GORAIYA AND ORS. Petitioners
Through Mr. Gaurav Bhardwaj, Advocate.
VERSUS
JAWAHARLAL NEHRU UNIVERSITY Respondent Vibhu Tripathi, Advocates for JNU.
Ms. Ginny Jetley Rautray and Ms. Anushka Ashok, Advocates for JNU.
Ms. Ginny Jetley Rautray and Ms. Anushka Ashok, Advocates for JNU.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
26.07.2018 CM No.28211/2018 (Exemption) in W.P.(C) 7381/2018
CM No. 28522/2018 (Exemption) in W.P. (C) 7449/2018
Exemption allowed, subject to all just exceptions.
The applications stand disposed of.
26.07.2018 CM No.28211/2018 (Exemption) in W.P.(C) 7381/2018
CM No. 28522/2018 (Exemption) in W.P. (C) 7449/2018
Exemption allowed, subject to all just exceptions.
The applications stand disposed of.
W.P.(C) 7381/2018 & CM No. 28210/2018 (stay)
W.P. (C) 7449/2018 & CM No. 28521/2018 (stay)
W.P. (C) 7486/2018 & CM No. 28614/2018 (to issue clearance certificate)
W.P. (C) Nos. 7381/2018, 7449/2018 & 7486/2018 page 2 of5
These petitions have been instituted on behalf of the students of the
Jawaharlal Nehru University (hereinafter referred to as "JNU"), impugning
Office Orders dated ll"' July, 2018, whereby, they have been punished, pursuant to a proctorial enquiry, onvarious grounds ofmisconduct.
It is an admitted position that, the orders rendered, punishing the students are appealable orders, interms of the University Guidelines.
The petitioners have instituted the present proceedings, predicated on their assertion that, the proctorial enquiry is violative of the principles of natural justice and contrary to the cardinal tenets of fairplay and impartiality which are a sine quo non in a proceeding that culminates in the awarding of punishment.
Mr. Salman Khurshid, learned Senior Counsel appearing on behalf of all the petitioners, on instructions, states that although it is their assertion that the impugned orders have been issued with the approval of the Vice
Chancellor, they shall however carry the same, by way of appeals to the
Vice Chancellor, in accordance with law.
Ms. Monika Arora, Advocate, as well as, Ms. Ginny Jetly Rautray, Advocate, learnedStanding Counsel, appearing on behalf of the JNU, do riot refute the legal position that obtains, in relation to the impugned orders being appealable before the Vice Chancellor.
In this view of the matter, the present writ petitions are disposed of whilst granting liberty to the petitioners to assail the orders of punishment impiigned in the present proceedings by filing appeals before the Vice
Chancellor, in accordance with law, within a period oftwo weeks from
W.P. (C)Nos. 7381/2018, 7449/2018 & 7486/2018 page 3 of5 today.
The JNU is directed to dispose of the said appeals, when instituted, expeditiously and in accordance with law, and preferably within aperiod of eight weeks thereafter.
Needless to state that, the Appellate Authority shall abide by the principles ofnatural justice and afford an opportunity to these petitioners to defend themselves against the findings arrived at in the proctorial enquiry, including affording them adequate opportunity ofbeing heard and producing relevant material.
The JNU is directed to maintain a video record of the entire proceedings.
Till the time that the JNU determines the appeals to be instituted on behalf of the students, in accordance with law; they are directed not to take any coercive action against the petitioners and to make available, all the facilities, such as acceptance of thesis, accommodation and registration for courses of study etc., as may be necessary for them to continue their studies with the University.
Similarly, whilst participating in the proceedings before the Vice
Chancellor, petitioners are directed to abstain from conduct. which is unbecoming of a student or disrupting the sanctity of the institution.
With the above directions, the writ petitions are disposed of. Pending applications also stand disposed of
JV.P. (C) Nos. 7381/2018, 7449/2018 & 7486/2018 page 4of5
\r ' > .
Copy of the order be given dasti under signature of the Court Master to learned counsel for the parties.
JULY 26, 2018 RS SIDTDHARTH MRIDUL, J W.P. (C) Nos.7381/2018, 7449/2018 & 7486/2018 page 5 of5
W.P. (C) Nos. 7381/2018, 7449/2018 & 7486/2018 page 2 of5
These petitions have been instituted on behalf of the students of the
Jawaharlal Nehru University (hereinafter referred to as "JNU"), impugning
Office Orders dated ll"' July, 2018, whereby, they have been punished, pursuant to a proctorial enquiry, onvarious grounds ofmisconduct.
It is an admitted position that, the orders rendered, punishing the students are appealable orders, interms of the University Guidelines.
The petitioners have instituted the present proceedings, predicated on their assertion that, the proctorial enquiry is violative of the principles of natural justice and contrary to the cardinal tenets of fairplay and impartiality which are a sine quo non in a proceeding that culminates in the awarding of punishment.
Mr. Salman Khurshid, learned Senior Counsel appearing on behalf of all the petitioners, on instructions, states that although it is their assertion that the impugned orders have been issued with the approval of the Vice
Chancellor, they shall however carry the same, by way of appeals to the
Vice Chancellor, in accordance with law.
Ms. Monika Arora, Advocate, as well as, Ms. Ginny Jetly Rautray, Advocate, learnedStanding Counsel, appearing on behalf of the JNU, do riot refute the legal position that obtains, in relation to the impugned orders being appealable before the Vice Chancellor.
In this view of the matter, the present writ petitions are disposed of whilst granting liberty to the petitioners to assail the orders of punishment impiigned in the present proceedings by filing appeals before the Vice
Chancellor, in accordance with law, within a period oftwo weeks from
W.P. (C)Nos. 7381/2018, 7449/2018 & 7486/2018 page 3 of5 today.
The JNU is directed to dispose of the said appeals, when instituted, expeditiously and in accordance with law, and preferably within aperiod of eight weeks thereafter.
Needless to state that, the Appellate Authority shall abide by the principles ofnatural justice and afford an opportunity to these petitioners to defend themselves against the findings arrived at in the proctorial enquiry, including affording them adequate opportunity ofbeing heard and producing relevant material.
The JNU is directed to maintain a video record of the entire proceedings.
Till the time that the JNU determines the appeals to be instituted on behalf of the students, in accordance with law; they are directed not to take any coercive action against the petitioners and to make available, all the facilities, such as acceptance of thesis, accommodation and registration for courses of study etc., as may be necessary for them to continue their studies with the University.
Similarly, whilst participating in the proceedings before the Vice
Chancellor, petitioners are directed to abstain from conduct. which is unbecoming of a student or disrupting the sanctity of the institution.
With the above directions, the writ petitions are disposed of. Pending applications also stand disposed of
JV.P. (C) Nos. 7381/2018, 7449/2018 & 7486/2018 page 4of5
\r ' > .
Copy of the order be given dasti under signature of the Court Master to learned counsel for the parties.
JULY 26, 2018 RS SIDTDHARTH MRIDUL, J W.P. (C) Nos.7381/2018, 7449/2018 & 7486/2018 page 5 of5
JUDGMENT