Court to Determine If Students' Rights Were Violated Due to Non-Disclosure of Crucial Inquiry Report
The Allahabad High Court, presided over by Justice Karunesh Singh Pawar, has taken up a significant case involving the expulsion of students from a university in Uttar Pradesh. The case, titled "Shashi Prakash v. State of U.P.," revolves around the alleged non-compliance with principles of natural justice, as the students claim they were not provided with the inquiry report that formed the basis of their expulsion.
The petitioners, Shashi Prakash and two others, challenged the expulsion order on grounds that the inquiry report dated May 21, 2026, was not disclosed to them. They assert that this omission violates their right to a fair hearing as enshrined in the principles of natural justice. While the university's counsel contended that the students were habitual offenders with prior criminal records, and had been given adequate opportunities to present their case, the court emphasized the need to verify whether the inquiry report was indeed withheld.
During the hearing, the university's legal representative acknowledged the lack of instructions regarding the provision of the inquiry report but maintained that the expulsion decision would remain unchanged due to the seriousness of the allegations. In response, the petitioners' counsel was granted a week to file a supplementary affidavit addressing the accusations and their past conduct.
The court ordered both parties to submit affidavits clarifying the situation regarding the inquiry report. The outcome of the students' participation in upcoming examinations remains contingent on the court's final decision in this writ petition.
The case raises critical questions about the balance between upholding disciplinary measures and ensuring procedural fairness in educational institutions. The court is set to revisit the matter on June 22, 2026.
Bottom line:-
Availability of an alternative statutory remedy under Section 68 of the U.P. State Universities Act, 1973, does not preclude the petitioners from raising the issue of violation of principles of natural justice, particularly if the inquiry report forming the basis of the impugned expulsion order has not been supplied to the petitioners.
Statutory provision(s): U.P. State Universities Act, 1973, Section 68
Shashi Prakash v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2925267
