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A person was expelled for ten years from the Aligarh Muslim University for allegedly breaching the Students Conduct and Discipline Rules, 1985. He approached the Judicial Institution claiming that principles of natural justice were not complied with by the University while arriving at the decision of expulsion.
The petitioner was doing his PhD in the university challenged the order of the University, since he was debarred from further studies or admission of re-admission in the university. The University initiated Disciplinary action against the petitioner based on the report submitted by the Disciplinary committee along with taking into serious consideration the violence which led to the booking of 250 students by the police.
The petitioner informed the court that no opportunity was granted to him by the University to defend. The University agreed that it denied giving an opportunity to the petitioner because the latter was absconding. The Court observed that the University had failed to ensure compliance with the principles of natural justice since it did not serve show cause notice upon him nor was he given the report based on which action was initiated.
Relying on a Supreme Court Verdict Dharmpal Satyapal Limited v. Deputy Commissioner of Central Excise, Guwahati and others (2015) 8 SCC, the court said in exceptional cases, the post-decisional hearing could be permitted for ensuring compliance with the principles of natural justice. Nonetheless, the court refused to intervene with the order of the University.
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