Bombay High Court Refuses To Interfere With Suspension Of Law Student For Posts Against 'Operation Sindoor'

The Nagpur bench of the Bombay High Court recently refused to grant any relief to a female law student from the Symbiosis Law School, who was suspended from all 'academic and non-academic' activities of the institution till further orders for posting various 'political' posts on Instagram including one against the recent 'Operation Sindoor' carried out by the Indian Army.

Vacation court judge Justice Rohit Joshi noted that the petitioner is a final year law student, who was allegedly found with one Rejaz, an independent journalist and member of Democratic Student Association (DSA), Kerala in a hotel in Nagpur.

Rejaz was arrested on May 7 after he made some 'critical' posts on social media against the 'Operation Sindoor' of the Indian government against terrorists in Pakistan. A day after his arrest, the petitioner was picked up by the police for interrogation and her cell phone was seized. However, she was not arrested.

Subsequently, the Symbiosis Law School in Nagpur suspended the petitioner student from the institution till further orders by relying on the First Information Report (FIR) lodged against Rejaz. 

Challenging the said suspension, the girl petitioned the vacation court on May 14, contending that the order of suspension and debarring her from appearing in the forthcoming (9th Semester) exams is in the nature of punishment and against the Procedure to deal with Misconducts/Indiscipline by Students, 2023 of the Symbiosis International (Deemed University) Code of Conduct. She contended that suspension and debarment of a student from appearing in exams without conducting an enquiry in accordance with the principles of natural justice is a punishment under the Code of Conduct.

She has claimed that she is being made a 'scapegoat' after a post was put up on 'X' (earlier Twitter) stating that she has been 'radicalised' by Rejaz.

However, Justice Joshi opined that the instant matter is at a very primitive stage as all the facts are yet to come on record.

"The institution has taken a decision to suspend the petitioner and to debar her from appearing in the examinations during the period of suspension. The suspension will operate till the culmination of the disciplinary enquiry. A statement is made at bar that the enquiry will be concluded on or before May 25, 2025 and the last written examination of the petitioner is scheduled to be held on June 5, 2025," the court noted.

Further, the bench noted that as per the May 13 suspension order, it is categorically recorded that in the event the petitioner is exonerated, special examination will be conducted for her so as to ensure that she does not suffer any academic loss.

"I am of the prima facie view that the action of Symbiosis Law School is not punitive, but, administrative in nature in view of the rider which is provided in the suspension order that additional special examination will be conducted for the petitioner if she is exonerated in the disciplinary proceeding.  This in my considered opinion will be sufficient to balance the equities," the bench said.

Therefore, the judge ordered the Law School to conduct and complete the enquiry on or before May 25, 2025 and communicate the decision to the petitioner on that day itself. The petitioner is also directed to cooperate in the enquiry proceeding.

Appearance: 

Advocate S Kulkarni appeared for the Petitioner. 

Assistant Government Pleader SS Jachak represented the State. 

Advocate Kuldeep Mahalle represented the Symbiosis Law School.

Case Title: IP vs State of Maharashtra (Writ Petition 2654 of 2025)

Citation: 2025 LiveLaw (191)

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