Students Should Be Given Chance Of Improvement Rather Than Taking Outright Punitive Action: Allahabad HC
Prayagraj, August 5 (TNA) The Allahabad High Court has observed that students should be given opportunity to improve instead of punitive punishment. The HC made this comment after hearing the petition of a B.Tech student of Amity School of Engineering & Technology.
The Court has observed that such an approach in cases relating to misconduct by students may render the action vulnerable to judicial review on the ground of disparity. Completely punitive action should not be taken by the universities against the students. It states that students are young adults who should be given the opportunity to improve
The petitioner Prakhar Nagar, a student, has challenged in the High Court the punitive action taken against him by Amity University. The action taken by the University against the student was purely punitive, excluding opportunities to improve his conduct, explore the possibilities of excellence and save his reputation
The student was accused of various acts of indiscipline including conduct involving moral turpitude, corruption/bribery, causing disruption in the academic functioning of the University and relating to tests and examinations. During the course of hearing, the Court observed that the respondent University has been unable to rebut the claim of violation of principles of natural justice.
Adverse material on record could not prove the allegations against the petitioner, it furtehr said. The Allahabad High Court observed that outright punitive action should not be taken by universities against students. It states that students are young adults who should be given the opportunity to improve
Counsel for the petitioner alleged that the allegations leveled against the petitioner were vague and general in nature and no material was placed on record to justify the expulsion. The court held that "disparity nullifies punitive action."
The High Court directed the respondent-University to issue a fresh marksheet to the petitioner as a regular student. The applicant will be evaluated from the new mark sheet. Justice Ajay Bhanot's single bench also directed the varsity has been asked to refrain from taking any disciplinary action against the student