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Sikkim HC quashed expulsion order of 4 Gyalshing college students; observes college has rights to issue show cause notice and take disciplinary actions

The High court of Sikkim on  December 14, 2021 quashed the expulsion order of the four students of Gyalsing college. Praveen Basnet, Praveen sharma, Lok Nath Chettri and Nakul sharma were expelled by the disciplinary body of the SGC Gyalsing on Februray 19, 2021.

Thereafter, challenging the decision made by the institution all four filed a writ petition before SIkkim High Court, in the order passed on December 14 the High court of Sikkim quashed the expulsion order of all the four students of SGC Gyalsing. 

The court observed that there has been ‘complete violation of natural justice in expelling the four students’.

High Court in its order has held that the impugned expulsion orders have been passed without giving an opportunity to the four students  to show cause and also further the court held that There is no material, even at this stage, on perusal of the reply filed by the state, which reflect that the authorities applied their mind to the evidence to establish the allegations and thereafter to pass the impugned expulsion orders without affording an opportunity to them. The impugned expulsion orders as well as the decision for their expulsions taken at the General Body Meeting dated  February 10, 2021, in such circumstances, cannot be sustained. They are accordingly set aside.” observed the High court

Furthermore, the High Court observed  that the College authorities shall be fully within their rights to issue show cause notice upon the four students  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. (Note: The court has remarked this observation at para18 of the order dated 14/12/21)

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