'Dictatorial': Court Stays Delhi University Student's 'Rustication Without Notice'

New Delhi: The Delhi High Court has stayed the rustication of a Delhi University (DU) student without notice or hearing, saying such exercise of power has trappings of a dictatorial exercise of authority and cannot be permitted in a society governed by the rule of law.DU's Open Learning Development Centre rusticated the petitioner, who was enrolled in the six-month certificate course in bakery and confectionery at the Centre of Innovative Skill Based Courses, on September 10, citing consistent display of inappropriate behaviour in the classroom, which included use of a mobile phone.Permitting the petitioner to continue her course, Justice Jasmeet Singh observed that it was difficult to comprehend how an academic institution, which is expected to inculcate discipline, fairness and respect for the rule of law among its students, imposed the harshest disciplinary consequence on a student without following the elementary principles of natural justice.The judge asserted that institutional autonomy does not confer unfettered power to discipline and asked the institution to file a response stating the basis for the action."The manner in which the respondent Nos. 2 and 3 have proceeded is, to say the least, dictatorial... The very manner in which the power has been exercised, without notice and without hearing, bears the trappings of a dictatorial exercise of authority and cannot be permitted in a society governed by the rule of law," the court said in the order passed on September 30.The court said that the rustication order recorded findings on the petitioner's alleged conduct without first seeking any explanation from her and therefore, prima facie, disclosed a complete disregard of the foundational principles of natural justice.It said that affording a meaningful opportunity to a student to place her version before the authority prior was of profound importance, as it has the effect of depriving a student of the opportunity to continue her course of study.(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)