HC stays rustication of JNU student in sexual assault case

The court said the university did not follow the prescribed procedure while taking the decision.

Justice Sanjeev Sachdeva put on hold the university’s May 30 decision to rusticate the woman student for one semester, saying that the institute did not provide sufficient time to her to respond to the show-cause notice and the order was passed without a proper inquiry.

The court also issued a notice to the university and sought its response on the plea of the student, who was rusticated for one semester on the basis of a report of the Gender Sensitization Committee against Sexual Harassment (GSCASH), which had held that she had lodged a false complaint against the warden.

“Prima facie, I am satisfied that the respondent No. 1 (JNU) has not complied with the provisions of the rules and procedures prescribed. The show-cause notice dated May 20, 2016, appears to have been served to the petitioner (student) on May 27, which did not provide sufficient time to her to respond to the notice.

“Consequent to the show-cause notice, prima facie, it does not appear that an inquiry was conducted and the impugned order has been passed,” said High Court.

The student, in her plea, had contended that procedure as prescribed under the GSCASH rules was not followed and the time required to file an appeal was not provided to her as the show-cause notice dated May 20 was given to her on May 27.

She has also contended that the rustication order was passed without awaiting her response. The student further alleged that even the committee’s report was not given to her.

The committee had carried out an enquiry after the student lodged a complaint against the warden at the Vasant Kunj police station on November 22,  last year. An FIR was also registered in the case.

The GSCASH had exonerated the warden and recommended the student’s rustication for defaming him.