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BOMBAY HC: NOT TO TREAT REGISTRATION OF FIR AS GOSPEL TRUTH

Mr. XYZ, a student of Narsee Monjee Institute of Management Studies filed a case against the institute for expelling him as an FIR was registered against the petitioner under the Indian Penal Code. The complainant alleged that petitioner committed sexual assault on her on the pretext of marriage but later refused. Following the complaint, he was arrested on thirty one July but his application for bail was granted on the very same day
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Mr. XYZ, a 21 year old student of Narsee Monjee Institute of Management Studies filed a case against the institute for expelling him as an FIR was registered against the petitioner under Section 276(2)(n), 417, 323 and 504 of the Indian Penal Code. The complainant alleged that petitioner committed sexual assault on her on the pretext of marriage but later refused. Following the complaint, he was arrested on July 31 but his application for bail was granted on the very same day. Further, the institute suspended the petitioner on interim basis, but expelling him a few days later.

The petitioner argued that he was a meritorious student and for the same reason was nominated by the institute for a summer school event conducted between June 30 and July 13, 2017. The institute argued that as per the rule book of NMIMS he is liable to face consequences of the Sexual assault done by him on the victim. 

The court observed that the petitioner was expelled from the institute without holding any inquiry and hence violating the principle of natural justice as he was not granted the equal opportunity of being heard. He was also punished and kept away from pursuing the further studies. The mere basis of expelling the student from the Institute was that an FIR was registered against him by the complainant which is no way concerned or connected with the Institute in any manner. In addition, the alleged incident was indeed of serious nature but it was neither indiscipline, harassment, or anything of such nature amounting to unethical practices as mentioned in the Student Recourse Book. 

The court set aside both the orders of the suspension and expulsion allowing the petitioner to continue his studies at the institute.

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Reviewed by:
Mehak Sharma
Published on 19-Oct-17
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