Only one students removed from college despite many more involved in malpractice
I was a student from a university....A total of 101 students were caught in malpractice and many others assited. But only one of the assisted member was hardly beaten and sent out of the college along with his T.C. Can he proceed Legally? Please help?
Answers 3
Respected Sir/Madam
I can advice you only after talking to you, as there are many possibilities.
Better advice can be given if you are clear about your Location while putting the Query, as sometimes procedure may differ from Authorities to Authorities.
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Adv.Shuchi Agarwal
Legal Advice
1. In the given set of fact the student can file Writ Petition before the Hon'ble High Court for cancellation of his order of removal from the college.
2. For Writ Petitions so many details are necessary.
Dear Sir/madam,
He will be liable to proceed legally only if his involvemet in the said immoral or illegal activity has been zero, of which he/she contains a valid proof/evidence. Because we need to understand one thing that the university will not take any decision just for the sake of taking a decision. They very well be having having a set disciplinary code of conduct, the violation of which might have caused the expulsion. It is not compulsary that all the 101 students involved in malpractice be punsihed and expelled on an equal pedestrian. If you still think the expulsion was on unjustifyable grounds then one can always challenge it in the court of law on certain grounds like :-
A Writ petiton under Article 226 of the Constitution of India in the High Court can be filed claiming that the decision was one sided decision and the principles of Natural Justice was not followed. Thereby meaning that you demand to be given a reasonability opportunity of being heard.
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