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2026 DAILYLAW 5627 (DEL)

BOIVOB MAJUMDER v. NATIONAL LAW UNIVERSITY DELHI & ORS.

W.P.(C)/114/2026 · 2026-01-12

Jasmeet Singh

Writ Petition (Civil)body2026

Judgment text

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$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 114/2026 BOIVOB MAJUMDER .....Petitioner Through: Mr. Pawan Reley, Mr. Akshay Lodhi, Ms. Simran Singh, Mr. Tanish Rawat, Mr. Utkarsh, Mr. Priyanshu Mishra, Advs. versus NATIONAL LAW UNIVERSITY DELHI & ORS. .....Respondents Through: Mr. Sanjay Vashishtha, Standing Counsel, NLUD with Mr. Nishant Nain, Mr. Siddhartha Goswami, Ms. Geetanjali Reddy, Mr. Aditya Sachdeva, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 12.01.2026 1. This is a writ petition filed under Article 226 of the Constitution of India, seeking the following prayers amongst others: i. “Issue an appropriate writ, order, or direction in the nature of certiorari quashing and setting aside the Proctorial Board Order dated 17.10.2025 (AnnexureP-1) and the Appellate Authority Order dated 06.12.2025 (Annexure P-2), being illegal, arbitrary, disproportionate, and passed in violation of the Halls of Residence and Campus Regulations, 2022 and Articles 14 and 21 of the Constitution of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 India; ii. Issue an appropriate writ, order, or direction in the nature of mandamus directing the Respondents to forthwith restore the Petitioner’s hostel accommodation and permit him to reside in the Halls of Residence without any hindrance; iii. Issue an appropriate writ, order, or direction directing the Respondent No. 1 to fully and effectively implement the approved 75%–25% assessment scheme in the Petitioner’s case, including its application to repeat examinations, and to allot and evaluate assignments accordingly within a time- bound manner; iv. Issue an appropriate writ, order, or direction declaring that the deactivation of the Petitioner’s official academic email ID, without reasons and without due process, is arbitrary and violative of the Petitioner’s fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India; v. Issue an appropriate writ, order, or direction directing Respondent No. 1 to ensure uninterrupted access to the Petitioner’s official academic email ID and to restrain them from deactivating the same without passing a reasoned order and following due process of law;” 2. Mr. Reley, learned counsel for the petitioner, states that admittedly, the petitioner is a student of National Law University, Delhi and enrolled in the five-year integrated BA.LL.B. course since 2021. The petitioner is a foreign national residing in India solely for the purpose of education and the university hostel constitutes his only accommodation in the country. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 3. The petitioner has been suffering from serious and persistent mental health condition including anxiety, depression, social phobia with obsessive symptoms, and Attention Deficit Hyperactivity Disorder (ADHD). 4. The petitioner raises two primary grievances by way of this writ petition. Firstly, the petitioner has been expelled from using the hostel facilities for a period of 3 months, i.e. from 08.12.2025 to 28.02.2026 vide order dated 06.12.2025. Secondly, the petitioner seeks direction to grant the benefits of the Special 75-25% Assessment Scheme, i.e. providing 75% weightage through alternative assessment and 25% through end-semester examination, for not only this semester but for the repeat examination which the petitioner is to undertake (the petitioner has failed in 29 out of 35 subjects, till 9th Semester). 5. As regards the first prayer of the petitioner regarding the expulsion from hostel facilities is concerned, Mr. Reley, learned counsel draws my attention to the Halls of Residence and Campus Regulations, 2022 and more particularly, regulation No. 25, relevant portions of which read as under: “25. Methods of Dispute Resolution and Determination of Infractions a. Under this clause, two main categories are being provided, each with their own separate procedures. They are: i. Complaints from a student/s concerning the conduct of another student/s. ii. Suo motu identification of infractions by the wardens and the Chief Warden. b. Complaints from a student/s This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 i. On receipt of a written complaint from a student, the RGC shall make an initial determination in consultation with the student filing the complaint as to whether she would prefer to: (1) have the dispute amicably resolved by the RGC, or; (2) have the matter referred to the Proctorial Board. ii. If the student making the complaint prefers amicable settlement of the dispute between the parties, then the RGC shall nominate a committee consisting of a warden and a Resident Coordinator, who shall mediate the matter. When such mediation is preferred, it shall be initiated within two working days of receiving the request for mediation and shall be completed within two weeks from the date of initiating the mediation.” 6. Further my attention is drawn to, regulation 28 of the Halls of Residence and Campus Regulations, 2022, which reads as under: “28. Corrective Measures a. In recommending and determining corrective measures, there shall be acommitment to adopting an approach that is proportionate and appropriate to the nature of the infraction and also the individual concerned. b. The corrective measures for infractions of these regulations have been divided into two categories below, Category-A and Category-B. Once the Proctorial Board makes a finding that an infraction of these regulations has occurred, then it shall be mandatory to recommend any one or combination of measures in Category-A. In addition to Category-A measures, the Proctorial Board shall also have This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 the discretion to recommend Category-B measures. Category A Corrective Measures 1. Warning 2. Intimation to parents 3. Apology (Public/Private) 4. Monetary fine 5. Community Assistance - this shall be in the nature of providing a defined set of administrative/ academic services to the University for a definite period. This could be assisting University committees in administrative tasks, assisting in remedial classes, contributing to creation of University materials, (Administrative/ Academic Assistance including making all University reports such as SSR, NAAC, NIRF, Annual report, newsletter, prospectus, taking pictures for University events/ library service) 6. Monetary value of damage caused 7. Suspension from the Halls of Residence for a definite period 8. Expulsion from the Halls of Residence 9. Suspension from the University for a definite period Category B Corrective Measures 1. Stepping down from any position of responsibility in the University and temporary/ permanent bar on contesting elections in the University. 2. Temporary/ permanent bar on receiving University financial support for participation in any events, including This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 competitions, conferences, workshops, summer or winter schools etc. 3. Temporary/ permanent bar on participating in the University exchange programmes. 4. Temporary/ permanent bar on representing University in any manner. 5. Temporary/ permanent bar on undertaking research assignments or internships with University faculty members or research centres. 7. He states that as regards the regulation 25b(i) is concerned, the RGC, i.e. residence governing committee is required to undertake conciliation proceedings to have the matter amicable resolved and regulation 28 clearly states that if the conciliation fails after an enquiry, the punishment has to be proportionate to the nature of infraction. 8. Against this backdrop, learned counsel for petitioner, states that the action of expulsion from the hostel facilities for 3 months of a foreign national student, who has no place of residence in Delhi, is extremely harsh and not a proportionate measure. 9. It is noteworthy that, the order of expulsion from the Halls of residence by the Proctorial Board dated 17.10.2025 was challenged by the petitioner by filing an appeal before the appellate authority, wherein the aforesaid expulsion order was modified by reducing the 1-year period to 3 months i.e. from 08.12.2025 to 28.02.2026. 10. In the present case, the message sent by the petitioner through WhatsApp forms the basis of the complaint thereby leading to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 imposition for the im as under: 11. Based on Proctorial for a perio 12. My attent Mr. Hard responden email read ion of punishments, however this was n imposition of the said punishment, the re er: on the said messages and after condu rial Board imposed a punishment of exp eriod of 1 year. ention has been drawn to an email dated ardik Chaubey, a fourth-year student ent university where the petitioner is enro reads as under: not the isolated criteria e relevant message reads ducting an inquiry, the expulsion from the hostel ated 24.03.2025 sent by t representative in the nrolled, and the relevant This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 13. It is state petitioner the respon 14. Thereafter, an Inciden Managem an inquiry Hannaan Mr. Sidd imposed petitioner. 15. For the sai ted by the learned counsel for the respo er submitted, an unconditional apology ondent No. 1 University for this incident ter, a physical altercation took place on dent Report dated 21.09.2025 was prepare ement Committee and the Social Welfar iry was conducted, and the statements Kirmani, Mr. Anand Sharma, Mr. Ch ddharth Malik were recorded. The p d on all the persons involved in the i er. said reasons, I am satisfied that due com respondent No. 1, that the gy dated 05.04.2025. to ent. on 20.09.2025 for which pared by the the Hostel fare Committee wherein ts of the petitioner, Mr. Chaitanya Basotra, and punishment has been incident including the mpliance has been done This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51 of regulation Nos. 25 and 28 by the respondent No. 1 University and in appeal, they also modified the imposed punishment in the interest of the petitioner. 16. In view of the above, the subjective satisfaction of Proctorial Board and the Appellate Authority, to my mind, is in accordance with the gravity of the infraction and calls for no interference. 17. As regards the 75-25% scheme is concerned, it is clear that the said scheme was a one-time measure for students who were having serious mental illness or mental health issue. It is neither a policy nor a scheme in perpetuity and the petitioner has duly been given an opportunity of availing this scheme as a one-time measure. The petitioner failed in multiple subjects and this one-time measure cannot be understood as a permanent entitlement in his favor. 18. Hence, there is no merit in the present petition and the same is dismissed. JASMEET SINGH, J JANUARY 12, 2026/sp This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 12:52:51