The Bombay High Court on Monday set aside the expulsion of a 19-year-old second-year engineering student from Sinhgad Academy of Engineering, Pune, who was arrested for an Instagram post related to Operation Sindoor. The Court observed that the expulsion was issued in violation of the principles of natural justice.
The bench comprising Justices Makarand S Karnik and Nitin R Borkar ordered that the student was not issued a show-cause notice nor allowed to be heard before the disciplinary action was taken. The court remarked, "Admittedly, the letter of rustication was issued in breach of the principles of natural justice. She was not heard before the letter was issued. Given the matter, the impugned order is set aside."
The court held that the expulsion letter was arbitrary and unlawful, and granted liberty to the college authorities to issue an appropriate order only after giving the petitioner an opportunity to be heard and following due process.
The student was arrested by the Pune Police on May 9 for allegedly sharing an Instagram story which criticised the Centre over Operation Sindoor. She was later booked under Sections 121, 153, and 505 of the Indian Penal Code. The post was deleted within two hours, and she issued a public apology.
Her petition before the High Court sought bail, quashing of the expulsion order, and permission to appear for semester exams scheduled between May 24 and June 3. A vacation bench of the High Court earlier granted her interim bail on May 27 and allowed her to appear for the remaining exams.
Regarding the theory and practical exams she missed during custody, the Court on Monday noted that she had made a representation to the college, which was forwarded to the Director of the Board of Examinations and Evaluation, Savitribai Phule Pune University. The court has directed the university to decide the same on merits in an expeditious manner.
