Swati Singh, a Ph.D. scholar affiliated with the Centre for Russian Studies at JNU, contested the rustication and hostel eviction directive through legal channels. The Delhi High Court has invalidated and overturned the decision to expel and evict her from Jawaharlal Nehru University, citing lack of factual or legal basis.
The Delhi High Court recently overturned Jawaharlal Nehru University’s (JNU) punitive measures against a PhD scholar. The court’s ruling not only reinstated the student’s academic and residential status but also served as a critical reminder of the balance between discipline and legal fairness in academic settings.
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Swati Singh, a dedicated PhD scholar at the Centre for Russian Studies, found herself at the center of a contentious dispute when JNU authorities decided to rusticate her and revoke her hostel privileges. The decision, dated November 8, 2023, was the culmination of a series of events that began on August 29, 2023, when Swati was accused of manhandling a female security guard and exhibiting unruly behavior towards other security staff at the entrance of JNU’s Convention Centre.
The university’s response to Swati actions was swift and severe. Citing her involvement in protest movements against fee hikes and the imposition of mandatory attendance, JNU issued a total of 15 show-cause notices before ultimately deciding to rusticate her. Swati, standing firm in her convictions, challenged the university’s decision in court, leading to a significant judicial review of the case.
The Delhi High Court, led by Justice C Harishankar, delivered a judgment that not only questioned the university’s disciplinary actions but also highlighted the broader implications of such decisions on the academic environment. The court emphasized that educational institutions should not serve as arenas for political maneuvering, stating,
“Educational campuses cannot, particularly, be allowed to be converted into political platforms…. Genuine causes can be promoted, but in a manner which… does not compromise on the core function of the institution…”
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Justice Harishankar’s observations shed light on the critical need for educational institutions to adhere strictly to established statutory procedures when addressing disciplinary issues. The court pointed out that the failure to follow these protocols not only undermines the legitimacy of disciplinary actions but also poses the risk of emboldening students to persist in disruptive behavior if they perceive the disciplinary process to be flawed or unjust.
The ruling serves as a poignant reminder of the delicate balance that educational institutions must maintain between instilling discipline and upholding the principles of justice and fairness. Justice Harishankar, in his advisory note, lamented the necessity of judicial intervention in cases where universities have neglected to follow due process, stating,
“I have to pen this advisory note only because this is the third case in two weeks in which I have had to interfere with the punishment awarded to students suspected of seriously disruptive activities only because the university or the institution concerned has been casual about following the statutory protocol.”
This case not only highlights the importance of procedural fairness in the academic context but also serves as a cautionary tale for educational institutions across the board. The Delhi High Court’s decision to set aside JNU’s punitive measures against Swati Singh underscores the judiciary’s role in ensuring that the educational landscape remains a space for learning and growth, free from undue political influence and adherent to the rule of law.
