'Bad' rustication can’t cost student his years, rules HC

The Punjab and Haryana High Court has held that a student’s studies must be treated as continuous once rustication is set aside, otherwise he will lose years of his career, despite being ready to study, but prevented by the institution. The assertion came as the Division Bench of Justices Harsimran Singh Sethi and Vikas Suri ordered the promotion of a law student to the seventh semester.

The Bench was hearing an appeal filed by Indian Institute of Management, Rohtak, and other appellants against the student. The institute contended that Rs 1 lakh costs was imposed by a Single Judge of the high court on it, even though its action was “bona fide”. Further, that the student was allowed to continue with his studies, though he had not attended the lectures.

“Once the rustication was held to be bad, the continuance of studies has to be deemed, and by virtue of the said, deeming fiction, the respondent will be in seventh semester as of now. Otherwise, despite holding that punishment imposed is bad, respondent will still be prejudice to lose two years of his career as though respondent was ready to study but he was prevented by the appellants,” the Bench asserted.

The student’s counsel said the student should be treated as continuing with the course without obstruction and be allowed to appear in the examinations that he had missed.

The Bench observed that the sole allegation against the student was that he was found staying in the hostel without entitlement. There was no evidence of illegality or violation of institutional rules, except that he was sharing space with his friends in their room. The Bench observed that such an allegation could not justify rustication that would spoil a student’s career.

The Bench also took note of the institute’s arguments that he had failed to attend 70% of lectures, making it difficult to promote him. Rejecting this contention, the Bench asserted: "As a special case so as to avoid any prejudice to the respondent, he will be promoted to the seventh semester and he will be allowed to appear in the examination of fourth, fifth and the sixth and midterm of the seventh semester which he has not been able to appear due to the pendency of the writ petition or the Letters Patent Appeal as the case may be."

Why the judgment matters

Safeguard against unfair expulsion: The ruling means educational institutes can’t end a student’s career over minor lapses if courts later find the punishment `bad’

No loss of time: Once rustication is struck down, the student’s semesters and exams will be treated as continuous

Balance of power: Institutes retain the right to discipline, but students are shielded from disproportionate actions that go beyond the offence