Right To Protest & Education Can't Go Hand In Hand: High Court Asks Panjab Uni Students To File Affidavit Restricting Protest While Plea Is Pending

The Punjab & Haryana High Court has sought a response from Panjab University on a plea challenging the University's decision to make it mandatory for new admissions to submit an affidavit requiring students to obtain prior permission before organizing protests on campus, failing which their admission may be cancelled.

Chief Justice Sheel Nagu and Justice Sanjeev Berry during the hearing orally remarked, "which right can be put on higher pedestal, right to form association or right to education?...if right to protest or form association under Article 19 comes in conflict in the main function of university, you have to chose between your right to protest and right to eduction, participate in the classroom...both can't go hand in hand when there's conflict."

Senior Counsel Akshay Bhan appearing for the student-petitioner submitted that if I block classes then action can be taken but the university can't ask for waiver of the fundamental right to protest.

Bhan argued that the clause in the affidavit that "the student must obtain prior permission from the concerned authority of the university before organizing any protest at the designated area for settlement of genuine and justifiable grievances from the competent authority, failing which admission will be cancelled," is unjustified as there are no rules or procedure prescribed to cancel the admission.

The plea also objected to the clause that the students would not allow any outsider or stranger in the protests, dharnas or rallies in order to avoid any ugly scenes on the campus, "I don't control the visitors to the campus, if any former student comes to address the gathering, its unjustified to cancel my admission."

On the other hand, counsel appearing for the University gave instances of the protest which had "turned as ugly scene" including protest against visiting of the Vice President which allegedly disrupted the functioning of the University.

Chief Justice said that, "In the last few decade, this has become a big problem for universities someone has to take strong action."  Giving example of Madhya Pradesh Chief Justice Nagu said, "For 10 years in MP, the state government had banned all kind of association, there was so much of peace...Universities could function well."

Bhan responded, "on the lighter side...the more you suppress, the more it is likely to protest."

The Court noted that the last date of filing of the affidavit with the new admission form is July 17, hence it asked the students to submit the affidavit, which shall be subject to the outcome of the petition.

While adjourning the matter for September 04, the Court said, "Let reply be filed by the next date of hearing, the affidavit shall be filed by the students including petitioner but shall be subject to the outcome of the matter."

Senior Advocate Akshay Bhan assisted by Advocate Abhijeet Singh Rawaley for the petitioner 

Title: ARCHIT GARG V/S PANJAB UNIVERSITY