Delhi: High Court Overturns Expulsion Of LLM Student From South Asian University

Delhi: High Court Overturns Expulsion Of LLM Student From South Asian University

The Delhi High Court has reversed the expulsion of an LLM student from South Asian University, stating that the university did not follow the principles of natural justice.

IANSUpdated: Friday, January 19, 2024, 08:30 PM IST
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Delhi High Court | PTI

The Delhi High Court set aside two expulsion orders issued by the South Asian University (SAU) against LLM student Apoorva Y.K.

A bench of Justice C. Hari Shankar, denounced the procedure as "chimerical" and "pre-determined", stressing a lack of adherence to principles of natural justice.

According to Justice Shankar, the entire process exhibited a "clear intention" to expel the petitioner, Apoorva.

The court rebuked the university for its conduct, stating that the manner in which the allegations were presented to the student couldn't even be considered as "lip service" to natural justice principles.

"The manner in which the entire exercise was conducted cannot even be elevated to the status of lip service to the principles of natural justice. It was, clearly, a sham, with a prima facie pre-determined intent to expel the petitioner from the University environs,” the court said.

Apoorva had challenged the expulsion orders dated February 17, 2023, and March 2, 2023.

Justice Shankar ruled in favour of the student, saying that the university's actions curtailed her education, warranting the court's intervention.

The alleged acts of indiscipline leading to the expulsion included entering the office of the Associate Dean of Students without permission and demanding the revocation of disciplinary actions against certain students in a "threatening language."

Addressing the university's preliminary objection, Justice Shankar said that Apoorva's plea was maintainable, considering the educational institution's role in imparting education and discharging a public function.

The court stressed that Apoorva's expulsion violated the SAU Act, its Rules and Regulations, as well as the Proctorial Committee Rules and Regulations. It concluded that seeking a mandamus to ensure the continuation of Apoorva's education was justified, given the contravention of established legal provisions.

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