LI Network
Published on: January 17, 2024 at 12:05 IST
In a recent development, the Bombay High Court has overturned the punitive action of semester cancellation imposed on two Birla Institute of Technology and Science (BITS), Goa campus students accused of theft during a conference.
The division bench, headed by Chief Justice Devendra Kumar Upadhyaya and Justice MS Sonak, deemed the punishment disproportionate and against University Grants Commission (UGC) guidelines, emphasizing the need for reformative measures over punitive actions for student misconduct.
The Court directed the students, aged 18, to undertake two months of community service at an old age home in Goa as an alternative to semester cancellation.
Highlighting every student’s right to seek legal redress, the court emphasized that students resorting to legal avenues cannot be a valid reason to overlook reconsideration of penalties, especially when UGC guidelines advocate a reformative approach. The two students were initially implicated in the theft of items such as chips, chocolates, pens, lamps, etc., during a Genome Engineering conference held at the institute in November 2023.
Based on CCTV footage, the institute’s standing committee initially canceled their semester registration and imposed a hefty fine of Rs 2.5 lakhs each. Although the fine was later reduced on appeal to the Director, the semester registration cancellation persisted.
Challenging the punishment, the students approached the Bombay High Court. The court observed that the Director’s refusal to show mercy to the 18-year-old petitioners, who had no history of delinquency, was a concerning aspect.
The Court noted that the Director’s instructions implied that any reduction of punishment might encourage students to seek court intervention, undermining the institute’s disciplinary system.
Underlining the UGC guidelines, which emphasize a focus on reform over punitive measures for student misconduct, the court criticized BITS Goa for overlooking the reformative aspect. The Court highlighted that the institute acted contrary to its own guidelines for penalties in student misconduct cases.
While acknowledging that Courts typically avoid interfering with the quantum of punishment, the court asserted that when penalties breach the institute’s guidelines, it cannot claim immunity from judicial review.
Consequently, the court set aside the semester cancellation, aligning the decision with BITS Goa’s own guidelines recommending mandatory community service for student misconduct. Additionally, the fine was reduced to Rs. 50,000.