Sheikh Prem Sameer vs. Ministry Of Textiles
Held
The High Court held that the disciplinary proceedings leading to the student's debarment and expulsion violated the principles of natural justice. The Court found that the student was not afforded a fair opportunity to defend himself as he was not supplied with the relied-upon materials, including the complaint and enquiry report.
Facts
A NIFT student was debarred and subsequently expelled from the institution based on complaints from girl students regarding his behavior. He challenged the expulsion, contending that he was not provided with the complaint details, enquiry report, or a proper opportunity to be heard, even after a previous court direction for a hearing, and his appeal was dismissed.
Key Issues
The key legal issue was whether the disciplinary proceedings against the student, culminating in his expulsion, adhered to the principles of natural justice, particularly concerning the right to be informed of allegations and evidence, and to be heard effectively.
Sections Cited
N/A
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 19TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944 WP(C) NO. 26333 OF 2021 PETITIONER: SHEIKH PREM SAMEER, AGED 28 YEARS S/O. HABEEB SHEIKH, OCC. STUDENT, RESIDING AT FLAT NO.303, KRYSTAL CASTLE APARTMENTS, HAAILAND ROAD, CHINAKAKANI GUNTUR, ANDHRA PRADESH-522503. BY ADVS. LIJU.V.STEPHEN,INDU SUSAN JACOB RESPONDENTS: 1 MINISTRY OF TEXTILES, REPRESENTED BY ITS SECRETARY, GOVERNMENT OF INDIA, DR. MAULANA AZAD ROAD, UDYOG BHAWAN, NEW DELHI- 110011. 2 NATIONAL INSTITUTE OF FASHION TECHNOLOGY, REPRESENTED BY ITS DIRECTOR GENERAL, NIFT CAMPUS, HAUZ KHAZ, NEAR GULMOHAR PARK, NEW DELHI-110016. 3 THE DIRECTOR GENERAL, NATIONAL INSTITUTE OF FASHION TECHNOLOGY, NIFT CAMPUS, HAUZ KHAZ, NEAR GULMOHAR PARK, NEW DELHI- 110016. 4 HEAD ACADEMIC AFFAIRS, NATIONAL INSTITUTE OF FASHION TECHNOLOGY, NIFT CAMPUS, HAUZ KHAZ, NEAR GULMOHAR PARK, NEW DELHI- 110016. 5 DIRECTOR, NATIONAL INSTITUTE OF FASHION TECHNOLOGY, NIFT CAMPUS, DHARMASALA, MANGATTUPARAMBA, KANNUR, KERALA-670562. 6 CAMPUS ACADEMIC CO-ORDINATOR, NATIONAL INSTITUTE OF FASHION TECHNOLOGY, NIFT CAMPUS, DHARMASALA, MANGATTUPARAMBA, KANNUR
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