Delhi HC sets aside Ambedkar university student’s expulsion

The Delhi High Court overturned the expulsion of a Dr BR Ambedkar University student for a sit-in protest, emphasizing the importance of free speech in education.

The Delhi High Court has set aside the expulsion of a Dr BR Ambedkar University Delhi student for allegedly participating in a sit-in protest, holding that a university cannot restrict speech or peaceful expression of ideas merely because the views of a group of students do not align with the management’s ideology.

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In a March 13 order, released on Monday, Justice Jasmeet Singh stated that a university is not merely a place for attending classes and completing courses but also a space where students develop independent thought, question ideas, and engage in critical thinking.

Since such institutions, as instrumentalities of the State, perform the vital public function of shaping future citizens, universities must foster an environment where students feel free to express their views and participate in discussions on academic and public issues, the court said.

In the ruling, the court held, “Peaceful protest and non-violent dissent are a natural part of such an environment. When students express disagreement in a peaceful and orderly manner, without violence or serious disruption, such conduct cannot be treated as something outside the scope of holistic development. On the contrary, it reflects the very spirit of freedom to engage in discourse and discussions that a university is expected to encourage. A university that accepts only obedience and discourages protests and criticism would fail in its broader educational role.”

The was hearing a petition filed by a student enrolled in the Global Studies programme, challenging the university’s June and August 2025 orders expelling her from the institution.

She alleged she had been subjected to severe ragging, bullying, and gender-insensitive remarks that drove her to self-harm. She later participated in complaints and protests relating to the incident, following which the university suspended her.

In April 2025, the court allowed her to attend classes but restrained her from participating in protests while the inquiry was pending.

The university subsequently accused her of joining a campus-wide boycott and issued a show-cause notice in May 2025, alleging violation of court directions and the student code of discipline.

The student maintained she was merely present near the protest site to meet a friend, but the university proceeded to expel her for alleged participation in a sit-in protest.

In its 9-page order, the court set aside the university’s decision to expel the student for allegedly participating in a sit-in protest, holding that such disciplinary action strikes at the core of democratic values, including the freedom of speech and the right to peaceful assembly. The court observed that even if it were assumed that the student had participated in a peaceful sit-in protest against the withdrawal of show-cause notices, the revocation of suspension, and expelling her for such participation was a highly disproportionate measure.

“The petitioner has been expelled as a disciplinary measure for participating in the sit down protest. In the present case, the act of the respondent university, i.e penalisation of a sit down protest is wholly untenable in law. It strikes at the very heart of the spirit of democracy and freedom of speech and right of peaceful assembly protected under the article 19(1)(a) and (b) of the Constitution of India,” the court said in its order.