The Lucknow Bench of the High Court of Judicature at Allahabad has taken up a writ petition challenging the expulsion of three students from Lucknow University, wherein the court directed the university to file an affidavit clarifying whether the inquiry report forming the basis of the expulsion was provided to the petitioners. Presiding over Court No. 3, Justice Karunesh Singh Pawar ordered the matter to be listed for a fresh hearing on June 22, 2026, while declaring that the students’ academic fate regarding upcoming examinations remains subject to the final outcome of the case.
Background of the Case
The petitioners, Shashi Prakash and two others, approached the High Court filing a writ petition against the State of Uttar Pradesh through the Principal Secretary of the Department of Higher Education and three others. They are challenging an expulsion order passed against them by Lucknow University.
Arguments of the Parties
During the hearing, the counsel appearing for the University raised a preliminary objection regarding the maintainability of the writ petition. The University argued that the petitioners have an alternative remedy available to them under the law. Specifically, the counsel submitted that there is an “efficacious statutory alternative remedy under Section 68 of the U.P. State Universities Act, 1973, against the impugned expulsion order” and that the petitioners should instead file a reference before the Chancellor to challenge the order.
In response, the counsel for the petitioners, Krishan Kanhaya Pal and Pooja Pal, argued against the expulsion on the grounds of procedural unfairness. They submitted that while passing the expulsion order, the respondents relied upon an inquiry report dated May 21, 2026, but failed to supply a copy of this report to the petitioners.
Addressing these allegations, the counsel for the University, acting on written instructions, contended that “the petitioners are habitual offenders and that criminal cases have also been registered against them in the past.” He further submitted that the allegations against the petitioners are serious in nature. He stated that a show-cause notice was issued to the petitioners and an opportunity of personal hearing was also afforded to them, meaning it cannot be said at this stage that the principles of natural justice have been violated.
Regarding the non-supply of the inquiry report dated May 21, 2026, the University’s counsel stated he had no instructions on the matter as of the hearing date. However, he contended that “even assuming that a copy of the inquiry report was not supplied to the petitioners, considering the adequate opportunity of hearing afforded to them and the gravity of the allegations involved, the ultimate outcome would have remained the same.”
Meanwhile, the counsel for the petitioners stated that they did not currently have instructions regarding the alleged past conduct or criminal antecedents of the students and requested one week’s time to file a supplementary affidavit.
The Court’s Analysis and Decision
After hearing both sides, the Court noted the contentions and granted the petitioners’ counsel one week’s time to file their supplementary affidavit.
To resolve the key factual dispute regarding compliance with the principles of natural justice, the Court directed the counsel for the University to file an affidavit specifically addressing whether the inquiry report was provided to the students. The Court ordered the University to file an affidavit “specifically bringing on record as to whether a copy of the inquiry report dated 21.05.2026, on the basis of which the impugned expulsion order has been passed, was supplied to the petitioners.”
The Court ordered the matter to be listed as fresh on June 22, 2026. Regarding the immediate academic future of the petitioners, the Court ruled: “The fate of the petitioners, so far as the upcoming examination is concerned, shall be subject to the final outcome of the writ petition.”
Case Details:
Case Title: Shashi Prakash And 2 Others Versus State Of U.P. Thru. Prin. Secy.Deptt. Of Higher Edu. Lko.
Case No.: WRIT-C No. 6314 of 2026
Bench: Justice Karunesh Singh Pawar
Date: June 11, 2026
