The Delhi High Court on Tuesday came to the rescue of nine Jawaharlal Nehru University (JNU) students, who were rusticated by the university for a second time on May 5, allowing them to appear for their exams and directing JNU to not take any coercive action against them till May 28, the next date of hearing. The nine students from the BA and MA programmes of JNU are seeking that the order rusticating them be set aside. The university had rusticated them for two semesters and declared the campus out of bounds for them. Justice Vikas Mahajan granted the relief while taking into consideration the students’ submission that there has been a violation of principles of natural justice and that their exams are commencing from Wednesday or in few days. The HC, while directing JNU that “no coercive action shall be taken against them to vacate their hostels”, also issued notice and sought response from the university through its vice-chancellor (V-C) and chief proctor. According to the petitioners, on October 16, 2024, during an election conducted at the Narmada Hostel of JNU – which was won by the petitioner group – “there were instances of scuffle and fight”. Thereafter, a cultural programme or freshers’ event was held on October 22, 2024, where, too, a “scuffle” ensued, following which the petitioners left the auditorium. The petitioners have submitted that they were summoned by the V-C on October 25, 2024, and told that they are being rusticated, even as they explained their “non involvement and pleaded innocence”. Subsequently, the nine students were summoned by the proctorial committee and asked to explain their position. The HC had, on November 13, 2024, stayed this rustication order. On April 28, this year, the students submitted that they received a show cause notice asking why disciplinary action should not be initiated against them. After submitting their responses on April 30, they received a rustication order on May 5. The students submitted that JNU's decision is arbitrary and lacks legal sanctity, as they were neither given a fair opportunity to be heard, nor were they given any opportunity to cross examine the witnesses or examine CCTV camera footage.
