Mere lodging of FIR cannot be reason to expel student: HC

Mumbai, Oct 14 (PTI) The Bombay High Court quashed anorder passed by a college expelling a computer engineeringstudent, observing that an FIR canno...
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Mumbai, Oct 14 (PTI) The Bombay High Court quashed anorder passed by a college expelling a computer engineeringstudent, observing that an FIR cannot be treated as "gospeltruth" and cannot be a reason for expulsion.

A division bench of Justices B R Gavai and S K Shindequashed and set aside an August 5 order passed by Mukesh PatelSchool of Technology Management and Engineering Collegeaffiliated to Narsee Monjee Institute of Management Studies(NMIMS) expelling the 21-year-old student.

The order expelling the student was passed after an FIRwas lodged against him in June for allegedly raping andcheating a girl under the false pretext of marriage.

The student approached the high court challenging theinstitute's order on the ground that he was not given anopportunity to put forth his case.

The bench earlier this week after hearing the partiesconcerned concluded that the institute had admittedly actedupon the FIR lodged against the petitioner and expelled himwithout holding any enquiry.

"In other words, the petitioner has been punished andkept away from pursuing further studies without a hearinggiven to him. Thus, the order of the institute was inviolation of principles of natural justice," the court said.

"We are also of the view that, registration of a crimecannot be taken as a gospel truth and held out to be afoundation to expel the petitioner," it noted.

The bench said the petitioner had not indulged in illegalactivities in the campus of the institute.

"No doubt, the offence registered against the petitioneris serious in nature, however, the fact remains that theinstitute expelled the petitioner merely on the ground thatFIR is being registered against him by the complainant who isno way concerned with the institute," it said.

"In our view, if the impugned orders are not quashed,would certainly harm his career, which cannot be compensatedin terms of money or otherwise. The petitioner cannottherefore be made to suffer the consequences merely on thebasis of the allegations made against him and that too, beforetrial," the court said.

The bench while quashing the order directed the instituteto admit the petitioner to resume his studies and condone anydeficiency in attendance from the time the order of expellinghim was passed till date. PTI SP NRBAAR.

This is unedited, unformatted feed from the Press Trust of India wire.

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