Gujarat High Court stays GNLU’s suspension of hostel law student for alleged misconduct

The Gujarat High Court on Wednesday (October 9) stayed until further notice a notice issued in September by the Gujarat National Law University (GNLU) suspending a student from university hostels “with immediate effect”, in connection with an incident of alleged “misconduct”. .

The interim order was passed as part of the student petitioner’s plea challenging the university’s September 20 suspension notice and order to vacate the hostel accommodation within 24 hours. The suspension was issued following the recommendation of the university’s student disciplinary committee due to alleged “non-cooperation” on Meena’s part after it asked her to attend a meeting on last month regarding the alleged incident.

Deliver an opinion on the student’s plea to a single judge of Justice Aniruddha P Mayee in his order it was said: “Meanwhile, the impugned communication/notice dated 20.9.2024 suspending the petitioner from the university hostels with immediate effect remains suspended until further orders. The respondent No.1 University is directed to reinstate the petitioner in the university hostels in the room allotted to him with immediate effect from the receipt of this order.“.

Student Gaurav Meena, who appeared in court in person, argued that in September 2023, he had filed an anti-ragging complaint with the University Grants Commission (UGC). An investigation was conducted and concluded with the instruction that “the respondent in the anti-ragging complaint should apologize” to the student petitioner, he said.

The petitioner claimed that the order of the UGC was not complied with and hence he made a communication to the UGC on the ‘E-Samadhan’ portal. In line with this, he said, the UGC, in its communication dated September 10, wrote to the Registrar of GNLU to “look into the matter and take necessary action as soon as possible” and inform the petitioner directly.

The petitioner claimed that the Student Disciplinary Committee (SDC) of GNLU, in its communication dated September 11, had sent him a “notice” to appear in person before the committee on September 13 regarding an incident of “misconduct » alleged to have taken place in July. 5.

After receiving the communication by email, the petitioner immediately responded to it on the same day, informing the Commission that he had taken “continuous assessment tests in different subjects” on 13, 17 and 20 September respectively.

He said he was seeking an accommodation and was also seeking “clarification” as to whether, at the first meeting, he would be given a copy of the “misconduct complaint” made against him for purposes of investigation/interrogation.

“That on 14.9.2024, the petitioner communicated that he had attempted to meet the concerned authority after the examination hours of 13.9.2024, but the concerned authority had refused to meet him and therefore, the petitioner requested another date.“, notes the order.

“The case of the petitioner is that subsequently on 20.9.2024, the petitioner received a notice from the Registrar of the respondent No.1 University that pending investigation by the SDC due to non- cooperation of the petitioner, the Student Disciplinary Committee recommended suspension of the petitioner from the university residences with immediate effect and, accordingly, he was suspended from the university residences with immediate effect and he was ordered to vacate his hostel accommodation within 24 hours until further notice.,” he adds.

The petitioner argued that in accordance with the communication of September 20, he left the home the next day, that is to say September 21.

Listing the matter on November 25, the High Court ordered that the responses be filed before the next date of hearing.

Case Title: Gaurav Meena v. Gujarat National Law University through Registrar I/C & Others

Click here to download the order