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

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.”