NEW DELHI: A university cannot restrict freedom of speech and expression merely because the views expressed by students do not align with its ideology, Delhi High Court has said, setting aside the suspension of a student of Dr BR Ambedkar University who was penalised for participating in a sit-in protest.Observing that educational institutions are instrumentalities of the state, Justice Jasmeet Singh said a university performs an indispensable public function by shaping future citizens. “The university cannot restrict speech and peaceful expression of ideas merely because the views expressed by a group of students do not align with the ideology of the management,” the judge said.“When students express disagreement peacefully and in an orderly manner, without violence or serious disruption, such conduct cannot be treated as falling outside the scope of holistic development,” the court observed. It further underlined that a university’s role is not to suppress every form of dissent but to ensure that such expression is answered and catered to.The varsity alleged that the petitioner violated a court order by participating in a sit-down protest. The high court, however, said that even if the student took part in a peaceful protest against the withdrawal of show-cause notices, revocation of suspensions and restoration of timings, expulsion was a grossly disproportionate response.“In the present case, there are no allegations that the so-called peaceful protest by the petitioner resulted in interfering with the functioning of the respondent university or academic pursuits of other students,” the court said.Noting that the student already missed one year of her academic career and the clock cannot be turned back, the court allowed her to resume her studies from July.
