The Bombay High Court on Thursday upheld the expulsion of a student from Maharashtra National Law University (MNLU), Mumbai, for sexually harassing a fellow student at a social event. However, the Court reduced the expulsion period to one year, effective until the end of the 2024-25 academic year.
A Bench comprising Justices AS Chandurkar and Rajesh Patil had reserved its judgment on August 29 after hearing the student’s plea challenging the expulsion order issued by the Vice-Chancellor on June 21.
During the one-year expulsion, the student is required to engage in community service under the Vice-Chancellor’s supervision. The Court further ruled that the student’s results for the ninth and tenth semesters would only be released at the end of the 2024-25 academic year, along with those of other students.
“In our view, limiting the expulsion to one academic year, along with the requirement of community service, as prescribed under the University Grants Commission (Prevention, Prohibition, and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, serves the ends of justice,” the Court stated.
The Court emphasized that the duration of the expulsion was important to prevent prolonged hardship for both the expelled student and the complainant. The judges also noted that sending the case back to the Vice-Chancellor for further proceedings could result in additional litigation and emotional distress for the complainant.
“…doing so would lead to further litigation, which would not be in the academic interest of either ‘X’ (the expelled student) or ‘Y’ (the complainant). It would only prolong the agony, especially for ‘Y’, by requiring her to appear before the Vice-Chancellor again as the aggrieved party,” the Court observed.
The Court also mandated that the expelled student must not have any interaction with the complainant during his community service. Additionally, the Vice-Chancellor was instructed to implement the recommendations of the Internal Complaints Committee (ICC), which included banning alcohol at university events and ensuring proper supervision to prevent misconduct.
The case involved allegations of repeated sexual harassment by the student against multiple female students over two years. The ICC conducted two inquiries and found him guilty, resulting in his expulsion. The ICC’s report, dated May 20, 2023, emphasized the need for vigilance at university events, especially those involving alcohol.
During the High Court proceedings, the student’s counsel argued that the inquiry was biased and flawed, noting that the incidents occurred off-campus. He urged the Court to consider the student’s academic record and the severe impact the expulsion could have on his future.
The complainant’s counsel highlighted the seriousness of the allegations and argued that the student’s past misconduct justified his expulsion. Counsel for MNLU Mumbai supported the decision, stating that leniency would undermine the importance of addressing sexual harassment.
While reducing the expulsion period, the Court clarified, “This approach should not be seen as an exercise of equity but rather an application of the doctrine of proportionality.” The judges stressed the need to avoid further hearings and emotional distress for the complainant.
Senior Advocate Mihir Desai, along with Advocates Abhijit Desai, Karan Gajra, Mohini Rehpade, Daksha Punghera, Vijay Singh, Sachita Sontakke, Digvijay Kachare, and Abhishek Ingale, represented the expelled student.
Advocates Uday Warunjikar, Jenish Jain, Dattaram Bile, and Aditya Kharkar appeared for MNLU Mumbai, while Senior Advocate Navroz Seervai, alongside Advocates Gulnar Mistry, Pooja Thorat, Amar Bodake, and Trisha Choudhary, represented the complainant.
