Delhi HC Grants Interim Relief To 9 JNU Students Who Were Rusticated For Alleged Verbal Abuse & Sexual Assault Of 60 Women Students
The Delhi High Court on Tuesday granted interim relief to nine students who were rusticated from Jawaharlal Nehru University (JNU). All of them were allegedly involved in verbal abuse and sexual assault against 60 women students at the Convention Centre on October 22, 2024.
On perusal of the impugned order, the Bench of Justice Purushaindra Kumar Kaurav noted that it nowhere indicates even remote adherence of the principle of audi alteram partem.
The Court ordered, "In the meantime, the respondent University shall not take any steps for vacation of the hostel rooms occupied by the petitioners." Additionally, the Court directed the University to file the reply on the petition within three working days.
During the hearing, Advocates Kumar Piyush Pushkar and Vikas Pal appeared for the students, and Advocates Monika Arora and Subhrodeep Saha appeared for the University.
Accordingly, the Court scheduled the matter for hearing on November 8.
The Court was dealing with a writ petition, challenging their recent rustication and campus ban for two semesters. The students alleged that the university issued the Office Order (No. 121/CP/2024 to 129/CP/2024) on October 25, 2024, without adhering to university statutes or principles of natural justice, as they were neither given a show-cause notice nor afforded a hearing.
The Office Order (No. 121/CP/2024 to 129/CP/2024) reads as follows:
There is a prima facie evidence that Mr. Nikhil Kumar Singh (Registration Number : 210810120164, Enrolment Number: 21/5B/FP/044 and Year of Admission: 2021, an M.A. student, Centre of Persian and Central Asian Studies, School of Language, Literature, and Culture Studies) was involved in verbal abuse and sexual assault against 60 women students at the Convention Centre on 22.10.2024. It has been found that Mr. Nikhil Kumar Singh indulged in acts of violence repeatedly.
"The Statute 32(5) of the Statutes of the University, Category III (viii) which states: Any other act which may be considered by the Vice-Chancellor or any other competent authority to be an act of violation of discipline and conduct. Mr. Nikhil Kumar Singh is, therefore, rusticated and declared out of bounds from entire JNU campus for two semesters with immediate effect. Any one giving shelter to Mr. Nikhil Kumar Singh in any premises of the University will invite strict disciplinary action against him/her. This has the approval of the Competent Authority," the JNU officer order read.
The students, pursuing Bachelor’s and Master’s programs, claimed the order came as a response to a heated election in the Narmada Hostel on October 16, where tensions escalated with the opposing camp. After their group won the election, conflicts allegedly continued, leading to a physical altercation on October 22 during a campus event. The petitioners stated that they faced aggression from the opposing group, including derogatory caste-based slurs, and yet were not notified about any formal complaints or allegations against them until they received the rustication orders.
In their petition, the students argued that the university's actions are arbitrary and infringe upon Statute 32(5) of JNU’s Rules of Discipline and Proper Conduct, as well as principles upheld by the Supreme Court regarding fair disciplinary procedures. They contended that on October 25, they were summoned to the Vice Chancellor's office on short notice, informed of their rustication without an opportunity to present their side, and subsequently banned from campus.
According to the students, pamphlets circulated by the opposing group contained “baseless allegations” and escalated the situation, leading to their punitive rustication without due investigation. They claimed that they had notified university officials immediately after the incident, requesting a fair inquiry and preservation of CCTV footage, but received no response until the email confirming their rustication.
In their writ petition, the 9 JNU students have sought an urgent quashing of the Office Order, calling for a fair hearing and investigation. They asserted that the university’s action jeopardizes their academic careers, describing it as a “brazen violation” of their right to education.
Cause Title: Nikhil Kumar Singh & Ors. v. Jawaharlal Nehru University & Anr. [W.P.(C) 15345/2024 & CM APPL. 64341/2024]
Click here to read/download the Order
