A student of Khwaja Moinuddin Chishti Urdu, Arabi-Farsi University had been rusticated from his university on the grounds that he made an attempt to organize protests against the controversial Citizenship Amendment Act, 2019. Later, the same had been affirmed by the Allahabad High Court.
The student approached the Apex Court, through Special Leave Petition, in order to challenge the Allahabad High Court’s order. The petitioner sought for an interim relief for staying the High Court’s order, along with the permission to complete his last semester, thereby completing his graduation.
In the instant case, the rustication order had been passed on February 28, 2020 and same had been affirmed by Allahabad High Court on July 23, 2021. The petitioner has prayed for stay of these orders and permission to attend classes and appear for his exams.
The petitioner, in his petition, had averred that the university passed the order without giving him sufficient opportunity to be heard and the Chancellor violated the principle of orality (wherein a student is personally heard by the authorities).
Furthermore, it has been averred that the High Court affirmed the university order summarily without considering the grievance of petitioner. It had been submitted that neither any show-cause notice nor any charge-sheet had been provided to the petitioner and merely the charge of “making an attempt to organize protest” had been conveyed.
On receiving summons to appear before 7-member committee to place answer in relation to the alleged charges, the petitioner had given a handwritten explanation wherein he stated that he intended to organize a peaceful protest, within the rights and limits extended to him by the Constitution of India.
That day had been the first time the university asked him to present his explanation for making an attempt to organize anti-CAA protests which later had not been even organized due to widespread violence across the country.
The petition has therefore, knocked the doors of Supreme Court to sought for a stay against the expulsion and affirmation order.
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