Saturday, 21 November 2020

Whether University can take adverse action against law student without following principles of natural justice?


Petitioner who joined the Five Year B.A. LL.B (Hons.)

Course in the respondent – University from the Academic

Year 2017-18, is declared to have secured “F Grade” in

Child Rights Law examination held on 13.03.2020 since he

was not given any mark because of alleged plagiarism of

the Project Work in question; he was also not allowed to

take Special Repeat Examination of third trimester in the

third year, allegedly in breach of assurance of the

University.

The entire episode of so called ‘plagiarism’ is

framed on the basis of a few notoriously cryptic mails

exchanged between the Course Teacher and the Exam

Department, detrimentally keeping the petitioner in

darkness.

 What intrigues this Court is about the enormity

of unfair treatment which the petitioner was meted out at

the hands of a Law University, in a serious matter like this;

it is anguishing that the University did not afford an

opportunity of personal hearing despite his written

request vide mail of 02.03.2020 at Annexure-R5 to the

S.O.; in Biblical literature, even God is said to have given

an opportunity of hearing to Adam & Eve before punishing

them for consuming the proscribed fruit, in the Eden

Garden; which heavens would have fallen down, had a

reasonable opportunity of personal hearing been afforded,

remains as a mystery rapped in enigma; after all,

procedural fairness is a constitutional mandate when the

answering respondent is an instrumentality of the “State”

under Article 12 of the Constitution; it is high time that

this University of national repute be reminded that it is

dealing with our children and not others’ chattel; and,

IN THE HIGH COURT OF KARNATAKA, BENGALURU

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO. 9395 OF 2020 (EDN-RES)

BETWEEN:

SRI HRUDAY. P B Vs  THE VICE CHANCELLOR, THE NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,

DATED: 18TH DAY OF NOVEMBER, 2020.

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