The Delhi High Court has directed Jawaharlal Nehru University to allow nine students rusticated on charges of sexual harassment to write their exams commencing Wednesday.
Justice Vikas Mahajan directed Jawaharlal Nehru University (JNU) not to take any coercive action against the students to vacate their hostels till May 28, when the matter would be heard next.
“Having regard to the submission of the counsel for the petitioners, more particularly to the fact that there is violation of principles of natural justice, the respondent university is directed to allow the petitioners to take their examination, till the next date of hearing and no coercive action shall be taken against them to vacate their hostels,†the court said on May 13. JNU passed separate orders against the students on May 5, rusticating them for two semesters and declared them out of bounds from the varsity campus with immediate effect.
The students sought setting aside of the university ruling and proceedings arising out of its orders. Advocate Kumar Piyush Pushkar, representing the students, said prior to the order, an enquiry was conducted by the university but the petitioners were not given an opportunity to cross-examine witnesses.
The JNU decision was not sustainable for it was passed in violation of the principles of natural justice, he added. The court issued notice to JNU on the petition and directed it to file a response within a week. The students’ plea said examinations were scheduled to begin May 14 or in a few days but the rustication order barred them from appearing in it.
In its interim order, the court clarified the interim relief won’t create any special equities in favour of the petitioners and its directions were subject to the case’s outcome. Forty seven women students from the Centre for the Study of Social Systems (CSSS) filed a complaint with JNU’s Internal Complaints Committee (ICC) alleging sexual harassment and violence during the CSSS freshers’ party at the university convention centre on October 22, 2024.
The petitioners claimed the vice-chancellor summoned them in her office on October 25, 2024 and without conducting an inquiry or forming a committee, illegally rusticated them for two semesters and barred them from the campus for a year.
The high court, in the meantime, restrained the authorities from ousting the petitioners from their hostel as it stayed the October 25 order of the university.
The petitioners further said in April the petitioners received a showcause notice with the inquiry report asking why a disciplinary action should not be initiated against them following which they sent their replies to the chief proctor.
However, without being offered the opportunity to cross examine the witnesses, they were rusticated again for two semesters and slapped a fine of Rs 10,000 on May 5, the plea added.
