After RMLNLU death, Allahabad HC condemns admin for never-ending trial of late student

RMLNLU: Not all green grass blue skies
RMLNLU: Not all green grass blue skies
Exclusive: The High Court of Allahabad chastised RMLNLU Lucknow’s administration for its ill-handling of disciplinary proceedings against its student - late Sahil Zaidi, who suffered an unnatural death in his final year, during the pendency of the proceedings two years after they were initiated against him.

Deciding a writ petition by the mother of the deceased student, the bench wrote: “Under such negative academic atmosphere as it appears to be pervading the university campus, it may not be possible for the students to utilise their academic potentials at the maximum and pursue their study with full devotion.”

“The vice chancellor of this national law university who generally gives long and ideal speeches […] forgot to imbibe all his speeches, teaching and preachings into action while handling a small episode of this kind which could have been solved by his simple intervention,” the court added.

Zaidi was suspended from the university in October 2009, after allegedly being falsely implicated in an altercation between two groups of students in the RMLNLU campus on 11 and 12 October. A charge sheet was drawn against him by the RMLNLU administration that month, and an inquiry was initiated.

During the course of the university administration’s inquiry, several witnesses to the altercation testified that Zaidi was not an aggressor but had merely helped his friends involved in the brawl in defence against brutal attacks from the aggressors.

The inquiry committee, therefore in March 2010, recommended the punishment of “warning” for Zaidi, after only one of the three charges against him stood ground.

By July 2010, the inquiry proceedings were concluded, but the case against Zaidi was kept alive by RMLNLU vice chancellor Balraj Chauhan who wrote to Zaidi’s father, then a sitting high court judge, denying Zaidi’s admission to the university until further communication.

Zaidi was later allowed to attend classes at the university only after submitting a confessional undertaking admitting guilt on the charge which was not proven against him in the disciplinary inquiry.

A representation by Zaidi to RMLNLU’s executive committee (EC), pleading not guilty, was not responded to by the EC until his death, while his request for migration to a different university was denied on vague grounds.

He died on 29 November last year under suspicious circumstances, pending the inquiry from 2009. Whether his death was a suicide or murder, is still the subject of criminal investigation.

His mother filed a writ petition in the Allahabad HC praying for quashing of the charge sheet against him, and for a compensation of Rs 10 lakh.

While the court said that the question of compensation was premature given that the criminal investigation into Zaidi’s death was still pending, the bench categorically exonerated Zaidi from all charges against him. It also rebuked Chauhan and the university administration for a “lop-sided” dealing of the episode as well as for being “subservient to a pre-conceived notion” against Zaidi.

Among other things, the court observed:

It […] appears that instead of encouraging an amicable settlement in order to restore peaceful academic atmosphere in the University Campus, the University authorities committed a serious mistake by taking recourse to disciplinary proceedings, said to have been conducted in a manner and the nature of a criminal trial which aggravated the situation further and more than bringing in, any solution to the problem.

It was obligatory upon the University authorities to inform this fact [of disposal of proceedings against Zaidi] well in time before the deceased was driven to meet a fatal end.

The least one can expect of all public functionaries as also the litigant public is not to humiliate a Judge after he lay his office just in order to satisfy one’s ego and settle the scores. The tenor and tone of the language used in correspondence addressed from his [Chauhan’s] office to petitioner’s husband do not support his averments.

Chauhan said: “Throughout my life I have worked for the students, and it has pained me a lot because of such observations of the court.”

“The number here is such – 160 students are there. Problems are everywhere, but I believe every teacher is a second parent and every parent is a second teacher,” he added.

Download the text of the judgement here

Comments

N Rao 21 Dec 2012, 09:28
+0 -0
Without knowing the full facts, and based on the article I am sharing my feelings here.
Feel sad for the kid and his family. Though modern Law Schools have been inaugurated, the mindset of administrators who come from a bureaucratic mindset cannot be so easily changed. THis would be another example to prove that, an institution for training administrators is also badly needed!!
Indeed 3 Jan 2013, 06:47
+1 -0
Having studied at one of the new lawschools, I think they will greatly improve if senior students and dynamic younger faculty nominated by the students are given a share in administration and the power to issue show cause to the professors/administrators who are unable to keep up with the times due to their stupid archaic mindset.
RML Student 21 Dec 2012, 11:17
+0 -1
[...] Balraj Chauhan. The university itself is cool and will become cooler with your departure. Glad you're getting replaced in Jan 2013.
gr 21 Dec 2012, 14:01
+1 -2
balraj chauhan was unfortunately a morally bankrupt administrator. it is truly a pity that the students of rmnlu had to suffer him for fiveyears. i wish the students the best of luck
Pintu Ballu 22 Dec 2012, 06:42
+0 -0
This one incident highlights the pathetic state of affairs in the much-hyped NLUs. Being a student from HNLU and having faced arbitrary actions from the administration on multiple occasions, I believe this should serve as a wake-up call to many.

Frequent incidents of violence between the students only adds to the woes of students already facing the brunt of actions from a stupid administration.
Fatboyslim 24 Dec 2012, 09:28
+0 -0
NLUs becoming a harbinger of arbitrariness and dominant action. Shameful
Well wisher NUJS 24 Dec 2012, 11:25
+1 -0
Another Law School??????????

What will be he fate of the Legal Education ? What about NUJS ? Why the Authorities are silent on NUJS? Don't they have the guts to face the reality?
WTF? 25 Dec 2012, 04:36
+0 -0
[quote name="Well wisher NUJS"]Another Law School??????????

What will be he fate of the Legal Education ? What about NUJS ? Why the Authorities are silent on NUJS? Don't they have the guts to face the reality?[/quote]

Who is silent about what in NUJS? I'm curious.
Well wisher NUJS 26 Dec 2012, 13:34
+0 -0
[quote name="WTF?"][quote name="Well wisher NUJS"]Another Law School??????????

What will be he fate of the Legal Education ? What about NUJS ? Why the Authorities are silent on NUJS? Don't they have the guts to face the reality?[/quote]

Who is silent about what in NUJS? I'm curious.[/quote]

It is most unfortunate that though the matter related NUJS is well known to the Authority of NUJS yet there is a silence since they will loose their face in front of their students and the parents and the Faculty Members. Hope soon your curosity will be answered. Please go thorough my comments on Legal India 30th Nov 2011 when it publised Prof. M.P. Singh moving out from NUJS as VC. Thanks to you for your eagerness to know the truth.
Not NUJS Lover 25 Dec 2012, 06:15
+0 -0
Hey..umm..there's nothing wrong with NUJS...totally fine man..all is well...the administration is super duper man..aiyyo koi problem nahi hai..totally...now sod off!
Well wisher NUJS 26 Dec 2012, 13:44
+0 -0
[quote name="Not NUJS Lover"]Hey..umm..there's nothing wrong with NUJS...totally fine man..all is well...the administration is super duper man..aiyyo koi problem nahi hai..totally...now sod off![/quote]

Dear...
It seems you are one of the Faculty Member of NUJS , a Legal Education Centre , if I am not wrong. Taking into account you being Faculty Member of NUJS , few words are there for you.........

If so, it quite surprises me being in Legal Education how can you say the Illegal acts and manupulations are "nothing wrong with NUJS". It also suprising to know how you jump in the words " ..there's nothing wrong with NUJS...totally fine man..all is well..." . Atleat being connected to Legal Education do not try to give rosy pictures to the students and their parents and the Legal education of our Country. If you have the guts come out with the facts on your own and ask whether it was LEGAL OR Illegal ?
Not NUJS Lover 27 Dec 2012, 14:16
+0 -0
So what if I am, eh? Like you could do anything about THAT! Hah..just complete your education and 'pass' outta here...@Everyone, evrything is very good in NUJS..don't listen to such people. NUJS respects honestly and all ILLEGAL acts are not tolerated even one bit.
I hate ppl like this who spread wrong facts about it. Anyways, soon enough NUJS will take over NLS..for sure.
harris 26 Dec 2012, 10:03
+0 -0
I am ashamed that I have studied in this University.
Reality_bites 26 Dec 2012, 13:33
+1 -0
You should rather be ashamed that you have nothing better to do than troll here.
harris_gupte 26 Dec 2012, 10:08
+0 -1
I request the moderator not to be publish such type of adverse news about the University as the same will affect the reputation of good students who have passed out of this University. Don't just report any news you want, have ever thought of its implication on good students those who have passed out of this University. What benefit you get by publishing this news and who is advantaged by this. Please delete this report. This report will bring negative impact about the students who have passed from this University.
Me 26 Dec 2012, 11:32
+0 -0
I am sure those from any University who are known to have "passed out" wouldn't have a great reputation anyway...
Reality_bites 26 Dec 2012, 13:35
+1 -0
And I'm sure if you have free time to troll on LegallyIndia, you have no life.
Not NUJS Lover 27 Dec 2012, 14:17
+0 -0
I had life, but after enrolling in RG patiala, it's almost over now.
Quid pro quo 29 Dec 2012, 18:33
+0 -0
And neither do you, my friend. Reality, it seems, has bitten you and bitten you at all the wrong places. Please take care.
Well wisher NUJS 26 Dec 2012, 16:34
+0 -0
[quote name="harris_gupte"]I request the moderator not to be publish such type of adverse news about the University as the same will affect the reputation of good students who have passed out of this University. Don't just report any news you want, have ever thought of its implication on good students those who have passed out of this University. What benefit you get by publishing this news and who is advantaged by this. Please delete this report. This report will bring negative impact about the students who have passed from this University.[/quote]
Face the reality and the truth. Good students will always remain good. They and the future aspirant of Legal education also should know the mind set of National Law school and from whom they are taking Legal Education
anant 27 Dec 2012, 06:38
+0 -0
i had the feeling that the VC was casteist and quite a few of the faculty and student community have been open about it , perhaps relying on his backing
sach 15 Jan 2015, 15:26
+1 -0
Its really sad to hear that people r commenting without knowin actual fact and even the truth is burried as the student had some strong connection personal gruges had been taken out ...... And once again the truth has been hided that late student commited sucide coz of a girl and by bending the law outcome came out differenty ..... Feel sad this is our judical sys i worry bout r future india