Expulsion of the student -MNLU Mumbai – Reduction of punishment and community service
By the communication dated 17.6.2023, the petitioner student was expelled from the Maharashtra National Law University Mumbai, for objectionable behaviour with another student.
This was based on the recommendations of Internal Complaint Committee. It was recommended that while selecting a venue outside the University campus due diligence ought to be undertaken that no alcohol was available for sale. Further, the venue ought to be such that there should be no interface with uninvited people and that the University staff should be vigilant, keeping a watch on students for any misbehaviour, indecent activity or bringing of any alcohol / prohibited substance.
The complaint was considered by the Internal Complaint Committee and the student was found guilty of sexual harassment for the second time inspite of earlier punishment of expulsion from the hostel.
This decision highlights the need to balance the concerns of the educational institution on one hand and those of a young offender so that he is not totally excluded from the normal stream of education.
Although the punishment of expulsion does not call for interference, an order for indefinite and unspecified period would be harsh resulting in academic death of the student. All this would result in deprivation and denial of education. In our view, the consequences flowing from an order of expulsion for an indefinite and unspecified period are drastic and harsh.
Clause (d) of the Order allowing the writ petition makes salutary directions that the Vice Chancellor is requested to consider the recommendations made by the ICC in its report dated 20.5.2023 in the matter of selection of a venue for such activities of MNLU as well as undertaking due diligence that no alcohol is served at dinners held on such occasions and to take remedial steps.
Judgment dated 10.10.2024 of the High Court of Bombay (OS) in Writ Petition (L) No.21030 of 2023 of X Vs. Maharashtra National Law University Mumbai and others
