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Saturday, Dec 07, 2019

HC asks universities to create reform prog for students accused of misconduct

cities Updated: Dec 04, 2019 23:51 IST
HT Correspondent
HT Correspondent

PRAYAGRAJ: The Allahabad High Court has directed the Banaras Hindu University (BHU) and the Aligarh Muslim University (AMU) to create a ‘reform, self-development and rehabilitation programme’ for students accused of misconduct and against whom disciplinary action is proposed or taken.

Hearing a petition filed by one Anand Narayan Mishra, justice Ajay Bhanot also directed the secretary of human resources development, Government of India and to the University Grand Commission (UGC) to provide necessary aid and support to these universities.

The exercise should be completed preferably within six months, but not later than twelve months, the court said.

The court has further directed that the exercise had to be made keeping in mind the best interests of the students and of the society.

Petitioner had challenged the order dated March, 30, 2019 passed by the registrar, BHU suspending him from all privileges and activities of the University. The order of suspension was passed against the petitioner after lodging an FIR at the Lanka police station, Varanasi against him and others by a Professor of the University, alleging that on January, 28, 2019, he was physically assaulted by them when he was going to take the class.

Court quashed the order of suspension passed against the petitioner by saying that suspension of the petitioner from university is undefined or for indefinite period which is an action of extreme severity. It is a de facto expulsion from the university and thus same is arbitrary and illegal.

However, “The quashment of the impugned order does not in any manner exonerate the petitioner of his guilt. Nor does it pre-empt the regular enquiry into the misconduct. The law shall take its course, unhindered by any observation made in this judgment.”

As the order of suspension is quashed, the petitioner shall be given the benefit of reform, self development and rehabilitation programme, after creation of such a programme at varsities, the court ordered. Further, the court directed that the petitioner shall be reinstated as a student and permitted to continue his course.