JAWAHARLAL NEHRU UNIVERSITY versus B. S. NARWAL

Citation: [1981] 1 S.C.R. 618 · Decided: 04-09-1980 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Appeal(s) allowed

Judgment (excerpt)

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618 
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JAWAHARLAL NEHRU UNIVERSITY 
v. 
B. S. NARWAL 
September 4, 1980 
[V. R. KRJSHNA lyER AND 0. CmNNAPPA REDDY, JJ.] 
University-Student-Unsatisfactory performance in studies--Name removed 
from University rolls--Opportunity to show cause whether to be given-Doctrine 
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of audi alteram partan-Applicability of. 
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E 
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The appellant University offered integrated 5 years programme of study 
leading to the award of M.A. degree in several disciplines and languages. The 
programme was spread over ten semesters in 5 academic years. The courses in 
the discipline in which a student was formally registered were known as the 
'core-courses' while the other courses for which also the student had to pres-
cribe were known as 'tool courses' and 'optional courses'. 
The respondent was a student of the five year integrated programme of 
study in the Master of Arts degree in Rnssian Language at the appellant Uni-
versity. In the first two semesters, he failed to take the sessional test in any 
of the 'core courses' in Russia11 and consequently he was not allowed to sit 
for the end semester examinations. He, however, appeared for the examinations 
in the 'tool courses' and the 'optional courses' in the first two semesters. In 
the third semeste~ the respondent requested permission of the University to 
repeat the courses of the first semester so as to enable him to pass them. The 
University permitted him to do so but he failed in all the five courses in 
which he was permitted to do so. 
Dissatisfied with his performance the Centre of Russian Studies recom-
mended to the Board of Studies that the respondent's name bll struck off the 
rolls and his name was accordingly removed from the rolls. 
The High Court, allowed the respondent's writ petition on the ground 
that : (I) no opportunity to show cause was given to him before his name 
'was struck off the rolls, and (2) that the University did not apply its mind 
to the question whether the respondent's performance was unsatisfactory. 
In the appeal to this Court on the question : whether the respondent was 
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entitled to an opportunity of being heard, before removing him from the rolls 
of the University. 
Allowing the appeal : 
HELD ~ l. In the absence of allegations of bias or mala fides, the decla-
ration by an academic body that a student's academic performance is unsatis-
factory is not liable to be questioned in a Court on the ground that the 
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student was not given an opportunity of being heard. [623 E-F] 
This is not a case of expulsion pursuant to a claim by the authorities of 
a University to discipline the student at their discretion and the right of the 
J. 
'i\WAHARLAL NEHRU UNIVERSITY v. B. s. NARWAL (Chinnappa Reddy, J.) 619" 
-student to freedom and justice. The case is merely one of assessment of the 
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academic performance of a student which the prescribed authorities of the 
University. are best qualified and the Courts are least qualified to judge. 
f623 A-BJ 
. 
. J. 
. 
Herring v. Temp/emen & Ors. 1973 (3) All E. R.. 569 & 584; Regina v. Aston 
University Senata 1969 (2) All E.R. 964 referred to. 
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CIVIL APPELLATE JURISDICTION: 
Civil Appeal No. 3115 of 1979. 
Appeal by Special Leave from the Judgment and Order, dated 
6-8-1979 of the Delhi H~ Court in Civil Writ No. 395 of 1979. 
K. K. Venugvpal, H. K. Puri and S. C. Dlg1uda for the Appellant. 
A. K. Gupta for ·i'he Respondent. 
The Judgment of the Court was delivered by 
CmNNAPPA REDDY, J. The Jawharlal Nehru University, considered 
to be one of the prestigious academic institutions of the country, is 
the appellant in this appeal by special leave of this Court; under 
Article f36 of · the Constitution. 
Named after the great liberal, 
humanist and democrat of the century, thle University was established 
by Act of Parliament to "embody a unique synthesis of Humanities, 
the Sciences and Technology" and to "endeavoilr to pi'.Omote the 
study of principles for which Jawaharlal Nehru worked during his 
lifetime, namely, natiooal integration, l'locial justice, secularism, demo-
cratic way of life, international understanding and scientific approach 
to the problems of society". 
'The Court' is the. supreme authority of. the University and it 
has the power to review the acts of the Executive Council and the 
Academic Council. 
The Vice Chancellor is the Principal Executive 
and Academic Officer of the University. 
The Execufive Council is 
the executive body of the University, in char

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