Bombay HC quashes Pune student's expulsion over Instagram post on Operation Sindoor

The Bombay High Court has overturned the expulsion of a 19-year-old engineering student from Pune's Sinhgad Academy of Engineering, ruling that the disciplinary action violated fundamental legal norms.

The student, who was arrested by Pune Police on May 9 for posting an Instagram story critical of the Centre’s Operation Sindoor, was expelled from the institution without a prior hearing. The post, which was later deleted within two hours, had triggered legal action under IPC Sections 121, 153, and 505. The student also issued a public apology shortly after.

A bench comprising Justices Makarand S Karnik and Nitin R Borkar observed that the student had not been served a show-cause notice or granted an opportunity to present her side before the expulsion order was issued. “Admittedly, the letter of rustication was issued in breach of the principles of natural justice. She was not heard before the letter was issued. Given the matter, the impugned order is set aside,” the court remarked.

Calling the action "arbitrary and unlawful," the court quashed the expulsion and gave the college liberty to take appropriate action only after providing the student a fair hearing and following due procedure.

In her petition to the court, the student had sought bail, annulment of the expulsion, and permission to sit for her semester exams, which were scheduled between May 24 and June 3. A vacation bench of the High Court had previously granted her interim bail on May 27, enabling her to write the remaining exams.

Addressing concerns over exams missed during her custody, the court noted that the student had submitted a request to the college for relief. The college forwarded the appeal to the Director of the Board of Examinations and Evaluation at Savitribai Phule Pune University. The court has now directed the university to consider her request on merit and deliver a decision promptly.