‘Sham’ process: Delhi HC sets aside SAU’s expulsion orders of LLM student

New Delhi, Jan 19 : 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 couldnt 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 universitys actions curtailed her education, warranting the courts 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.

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Addressing the universitys preliminary objection, Justice Shankar said that Apoorvas plea was maintainable, considering the educational institutions role in imparting education and discharging a public function.

The court stressed that Apoorvas 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 Apoorvas education was justified, given the contravention of established legal provisions.

spr/vd