GANGTOK: Sikkim is buzzing with social media posts of ‘justice has been
served’ after the Sikkim High Court’s ‘set aside’ the expulsion orders issued to four students of Geyzing Degree College on February 19, earlier this year.
Four students: Pravin Sharma, Praveen Basnett, Lok Nath Chettri and Nakul Sharma pursuing graduation in the yet-to-be-completed college, raised their concerns with the State’s Education Department earlier this year over the slow progress of the construction of college campus.
The students gheraoed Sikkim’s Education Department, demanding ‘answers’ from the State government, particularly placing the demand for a meeting with Education Minister Kunga Nima Lepcha. The gherao resulted in a push and shove with Education Principal Secretary and Additional Chief Secretary GP Upadhaya, who later filed an FIR against some of the students, resulting in their arrest by the Sadar Police Station.
Later, the college administration led by its principal expelled the four students for allegedly violating the rules and regulations of the college. They then approached the court against their expulsion order with individual writ petitions. The writ petitions were allowed to the extent above and disposed of accordingly.
In the judgment on December 14, Justice Bhaskar Raj Pradhan observed that there has been a complete violation of the principles of natural justice while setting aside the expulsion orders that were passed without giving a show cause opportunity to the four students.
The High Court observed, “on examination of the records of the present cases, it is noticed that there has been a complete violation of the principles of natural justice. The impugned expulsion orders have been passed without giving an opportunity to the petitioners to show cause as to why such an action, as was resorted to, ought not to be taken. There is no material, even at this stage, on perusal of the counter-affidavits, which reflect that the authorities applied their mind to the evidence to establish the allegations and thereafter to pass the impugned expulsion orders after affording an opportunity to them.”
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Justice Pradhan in his judgement stated, “The impugned expulsion orders, as well as the decision of their expulsions taken at the General Body Meeting, dated 10.02.2021, in such circumstances, cannot be sustained. They are accordingly set aside”.
The court observed that the college authorities would be fully within their rights to issue a show-cause notice to the four students.
“…this court is also of the view that the College authorities shall be fully within their rights to issue show cause notice upon the petitioners on ascertained facts giving them an opportunity to explain themselves and after following the principles of natural justice to take such measured disciplinary action as befitting the indiscipline and as per rules and regulations of the College,” reads the 14-page judgment of the High Court.
Reactions in the public domain have been on the lines of ‘Justice being served’ with scores of people on social media, particularly students, political parties, leaders and organizations terming the judgement to be ‘an example of resilience of the students’, praises for the Sikkim High Court while also throwing condemnation on the current Sikkim Krantikari Morcha Government.
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