Gajadhar Prasad Misra vs The Vice Chancellor Of The … on 21 December, 1965 – Case Summary

In the case of Gajadhar Prasad Misra vs The Vice Chancellor of the Allahabad University on 21 December, 1965, the Allahabad High Court was called upon to answer a question referred to it by the Division Bench hearing Special Appeal No. 682 of 1964. The question was whether the Vice-Chancellor of the Allahabad University is required to perform quasi-judicial functions in inflicting punishments upon students for breach of discipline.

Facts of the Case

The appellant, Gajadhar Prasad Misra, was expelled from the University by the Vice-Chancellor (Dr. Balbhadra Prasad) on 2nd December 1963, with immediate effect, and was ordered not to be admitted to any class or examination of the University in the future. The appellant contended that he had not been heard before the order was passed against him. This led to the question of whether the Vice-Chancellor performed purely administrative functions in inflicting punishments upon students for breach of discipline or was required to perform quasi-judicial functions.

Issues

The main issue was whether the Vice-Chancellor of the Allahabad University is required to perform quasi-judicial functions in inflicting punishments upon students for breach of discipline. The court had to consider whether the Vice-Chancellor, while punishing a student, has to perform an administrative or a quasi-judicial act.

Court’s Observations

The court observed that the Vice-Chancellor cannot avoid objective determination of certain facts while deciding whether or not to punish a student, and if to punish, what punishment to award. The court concluded that whether or not a student has breached the discipline of the University can only be decided objectively on the basis of the material available and is not capable of being determined on the subjective opinion of the Vice-Chancellor.

The court also noted that the Vice-Chancellor can carry out his duty of deciding whether or not the student is guilty of misconduct only by judging the material in his possession and it is equally clear that he would not be able to discharge this duty properly and fairly or decide the matter justly without hearing the student.

Conclusion

The court concluded that the Vice-Chancellor of the Allahabad University is required to perform quasi-judicial functions in inflicting punishments upon students for breach of discipline. The court emphasized the importance of hearing the student before action is taken against him, otherwise, the investigation will be a farce and the consultation a mockery of the provision. The court held that the Vice-Chancellor has to act judicially and that the appellant is entitled to adequate opportunity to defend himself.