LawChakra

“University Shall Not Take Any Steps for Vacation of the Hostel Rooms Occupied by the Petitioners”: HC Grants Interim Relief to 9 JNU Students Rusticated for Alleged Verbal Abuse & Sexual Assault

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The Delhi High Court granted interim relief to nine students from Jawaharlal Nehru University (JNU) who were rusticated for their alleged involvement in verbal abuse and sexual assault against 60 women students. The court’s decision allows the students to continue their studies while the case is being reviewed. This ruling highlights the ongoing legal proceedings surrounding serious allegations of misconduct within the university.

New Delhi: The Delhi High Court granted interim relief to nine students from Jawaharlal Nehru University (JNU) who had been rusticated for their alleged involvement in verbal abuse and sexual assault against 60 women students at the Convention Centre on October 22, 2024.

The Bench, led by Justice Purushaindra Kumar Kaurav, noted that the impugned order did not indicate any adherence to the principle of audi alteram partem.

The Court ordered,

“In the meantime, the respondent University shall not take any steps for vacation of the hostel rooms occupied by the petitioners,”

Also instructed the University to file a response to the petition within three working days.

During the proceedings, advocates Kumar Piyush Pushkar and Vikas Pal represented the students, while advocates Monika Arora and Subhrodeep Saha appeared for the University.

The Court scheduled the next hearing for November 8.

The students challenged their recent rustication and two-semester campus ban, claiming that the university issued Office Order (No. 121/CP/2024 to 129/CP/2024) on October 25, 2024, without following university statutes or principles of natural justice, as they were not provided with a show-cause notice or a hearing.

The Office Order states,

“There is prima facie evidence that Mr. Nikhil Kumar Singh (Registration Number: 210810120164, Enrolment Number: 21/5B/FP/044, Year of Admission: 2021, an M.A. student, Centre of Persian and Central Asian Studies, School of Language, Literature, and Culture Studies) was involved in verbal abuse and sexual assault against 60 women students at the Convention Centre on 22.10.2024. It has been found that Mr. Nikhil Kumar Singh indulged in acts of violence repeatedly.”

The JNU officer’s order reads,

“The Statute 32(5) of the Statutes of the University, Category III (viii), states: ‘Any other act which may be considered by the Vice-Chancellor or any other competent authority to be an act of violation of discipline and conduct.’ Consequently, Mr. Nikhil Kumar Singh is rusticated and declared out of bounds from the entire JNU campus for two semesters with immediate effect. Anyone providing shelter to Mr. Nikhil Kumar Singh on any university premises will face strict disciplinary action. This action has the approval of the Competent Authority,”

The students, who are pursuing Bachelor’s and Master’s programs, claimed that the order was a reaction to a contentious election in the Narmada Hostel on October 16, where tensions heightened between rival groups. Following their group’s victory, conflicts allegedly persisted, culminating in a physical altercation during a campus event on October 22.

The petitioners stated they faced hostility from the opposing group, including derogatory caste-based slurs, yet they were not informed of any formal complaints or allegations against them until they received the rustication orders.

In their petition, the students argued that the university’s actions were arbitrary and violated Statute 32(5) of JNU’s Rules of Discipline and Proper Conduct, along with principles upheld by the Supreme Court concerning fair disciplinary procedures.

They contended that on October 25, they were summoned to the Vice Chancellor’s office on short notice, informed of their rustication without an opportunity to present their side, and subsequently banned from campus.

The students claimed that pamphlets circulated by the opposing group contained “baseless allegations” that escalated the situation, resulting in their punitive rustication without a proper investigation. They had immediately notified university officials after the incident, requesting a fair inquiry and the preservation of CCTV footage but received no response until the email confirming their rustication.

In their writ petition, the nine JNU students are seeking an urgent quashing of the Office Order, demanding a fair hearing and investigation. They asserted that the university’s actions jeopardize their academic careers, describing it as a “brazen violation” of their right to education.




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