The Punjab and Haryana High Court on Monday sought a response from Panjab University (PU) over a plea filed against the varsity’s circular requiring students to obtain prior permission before participating in any protests on campus.
In pursuance of the reply on the issue by Sept 4, the high court made it clear that the undertaking must be filled by all students, including the petitioner.
No-protest Affidavit Challenged On Grounds of Article 14, 19, 21
Petitioner Parmpreet Singh, a law student, has argued that clauses in the university’s admission prospectus force students to submit an undertaking curtailing peaceful protest, failing which they risk punishments ranging from campus bans to debarment from examinations.
A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the order.
The petitioner submitted that the affidavit, which appeared in the university’s official ‘Handbook of Information’, required students to forgo their right to protest, disassociate from student groups, and accept broad behavioural restrictions.
The petition asserted that the affidavit is “unconstitutional, ultra vires, vague and arbitrary,” violating Articles 14, 19, and 21 of the Constitution.
The Bench Observes Education And Protest Can’t Go Hand-In-Hand
It was also argued that the PU’s decision was against the principles of natural justice, as no student body was consulted while making such a decision.
During the hearing, the bench remarked orally, “If the right to protest or form an association under Article 19 of the Constitution comes into conflict with the main function of the university, you have to choose between your right to protest and your right to education — both can’t go hand in hand when there’s a conflict.”
In response to the plea against the no-protest affidavit, Panjab University counsel Subhash Ahuja defended the affidavit, saying that past incidents where protests had turned violent and disrupted university functioning.
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