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Jamia banned student for indiscipline, HC quashed order

By Utkarsh Anand
Updated Saturday, 16 July 2011 11:07:08 - IST (UTC +5:30)

New Delhi : The Jamia Millia Islamia campus was like a second home for Ashraf Kamal, who had studied there since Class IX till he completed his Masters in 2008. To enhance his prospects, Ashraf also applied for a PhD at the university and cleared the interview.
Then the gates of this second home closed for Ashraf, “indefinitely”. In October last year, Jamia banned Ashraf from entering the campus and the Proctor put his PhD recommendation in abeyance.
The reason: Ashraf had been parking his car at a no-parking area in the campus, a “gross indiscipline”, as per the Proctor. His note also said Ashraf’s presence in the campus may cause law and order problem.
Surprised, Ashraf filed an RTI application to determine what triggered the extreme reaction of his university. That was when he realised his violation of parking rules and an instance of indiscipline in 2005, for which he was warned, led Jamia to ban him from campus.
Ashraf approached the Delhi High Court, which came down heavily on the institute and its Proctor for taking such a “harsh” decision without even issuing a show-cause notice to Ashraf.
Justice Kailash Gambhir took to task the Proctor for his note dated October 12, 2010.
“The act of the Proctor is beyond comprehension of this court. It is an absolute draconian decision taken by the Proctor to ban the entry of the petitioner even as he has been a student of the institution for last so many years,” said Justice Gambhir.
The court asked how the petitioner could be banned on such a trivial matter.
“Teachers are revered as god in our culture. They are responsible for shaping the lives of the students. The sanctity and status of their positions should be maintained,” said Justice Gambhir. He added there was a violation of Principles of Natural Justice in the case, as Ashraf was not given a hearing.
For the instance of indiscipline in 2005, the court said Jamia had then issued a warning to him and the matter had to be considered closed as Ashraf was allowed to continue with his post-graduate studies.
Justice Gambhir quashed the Proctor’s note and ordered the university to forward his application of PhD for registration with the department concerned. (IE)

Tags: Utkarsh Anand indiscipline, car, Ph.D.

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