On February 20, the Mahatma Gandhi International Hindi University (MGAHV), Wardha, Maharashtra, said it had mistakenly expelled a student instead of suspending him.
The institute said this in response to the notice issued by the Maharashtra High Court of the Judicature at Bombay Nagpur Bench, Nagpur. The petition was filed by Niranjan Oberay, one of the students who was expelled by the institute.
To recall the university had expelled three students and suspended two for raising slogans during a Republic Day event against the alleged unlawful appointment of Vice-Chancellor Dr Bhimaraya Metri.
The expelled students also include Rajesh Kumar Yadav and Rajneesh Ambedkar while Ram Chandra and Vivek Mishra were suspended. Since then, Vivek Mishra, along with others, has been on an indefinite strike urging for the revoking of the suspension.
University's response
According to a copy of the response by the deponent, the university said it had mistakenly expelled the student instead of suspending him. The administration's response to the court notice read, "It is however, submitted that the respondents have realized their mistake by wrongly using the word “cancellation of his registration” instead of suspending the registration.”
It read, "It is worth mentioning here that few of the students studying at the University have fallen prey to the anti-national elements working against the academic interest of the University and are somehow interested in disturbing the functioning of the University."
The PhD scholar Niranjan Oberay, who chose to fight this battle legally, told EdexLive that the Maharashtra High Court of the Judicature at Bombay Nagpur Bench, Nagpur held the petition on February 16. According to the court order, which EdexLive has access to, the next hearing is scheduled to be held on March 3, 2024.
Court order
"We have heard Mr. N.B. Rathod, learned Counsel appearing for the petitioner. According to him, the impugned order is passed without there being show cause notice and offering an opportunity of hearing in the matter. The pleadings made in the petition are not controverted by the respondents by putting their appearance and filing their reply in the matter. That being so, there shall be stay to the impugned order. Stand over to 27-3-2024," the court's order dated February 16 read.
Further, sharing his ordeal, Kumar said, "Despite the court order, my attempts to enter the university premises on February 17 failed as the guards restricted me stating that without the institute's permission letter, I will not be allowed."
"Concerning this, on the same day, I wrote an email to the administration attaching the court order stating that the court had stayed the case," he said, adding that later next week, his attempts to enter the campus failed once again.
Reacting to the court's order, he claimed, "It is clear that the university has been targeting us." He further added that he was not present on the premises during Republic Day celebrations when slogans were raised.
Recalling the university's statement that it had expelled him instead of suspending him, Niranjan alleged, "My name was mentioned by the administration in the Facebook post made by the university and even in the press conference. Their response that they mistakenly expelled me instead of suspending me does not sound right."
Another suspended student on hunger strike
Vivek, on the other hand, who is suffering from various health ailments due to the indefinite strike, told EdexLive, "My case was scheduled for hearing today, February 23. However, the bench is on leave. Therefore, I am expecting the hearing to be held on Monday (February 26)." Vivek claims that he has been on an indefinite hunger strike from February 5 to 15 and had to break it in between due to health deterioration.
Since then, the suspended student has been on a continuous strike hoping that his suspension will be revoked. He told EdexLive that on February 7, 2024, two days after he started an indefinite hunger strike, he received a rustication order. The order which EdexLive has access to said that the university has cancelled his course registration with "immediate effect". Additionally, it added that Vivek's "entry into the University premises is prohibited and their admission to any study program of the University in future is prohibited."
Earlier, in a report, the students shared that the university has not given them a chance to explain their stand after receiving the suspension and expulsion orders. Therefore, they had chosen to approach the court.
EdexLive reached out to the institute for an official comment. The copy will be updated as and when we receive a response.
