Every student studying in College/University must know their rights so that the college does not misuse its huge power against the student to suppress the views of the student. It is, therefore, important to know the available rights provided by the laws of our country. We will look in this blog at the recent events with a student at Chandigarh University and examine the remedies available to that student.

Introduction

Recently, two videos have created buzz around conditions of Chandigarh University. It is posted by an ex-student of Chandigarh University namely Saksham Sharma through his YouTube Channel named ‘The Shimlaite’. The video contains harsh truth about the treatment of students in Chandigarh University. He stated that how university have harassed him just for a video which he created stating the problems faced by every student due to the shift of classes away from the main campus.

In consequences of that, the university have taken down his name from portal which enables the student to attend the classes. In result of which, the student was unable to give the exam of the University. He was also not informed about the reasons. He has to continuously visit the authority for moving his application of reactivation of classes. But he had got no results from the university.

Ultimately, At the end of the semester he was informed by his course coordinator that he had to pay Rupees 8,000 for re-examination of subject he missed. This caused lot of mental trauma to the student and his family members. In this blog we will delve into detail and know the rights of the student against the university.

Rights of Students against Chandigarh University or University in General

Constitutional Rights of Students

Freedom of Speech and Expression

Every Citizen of India is given the freedom of speech and expression. It comes with the certain restrictions, however in the given case, where the Student of Chandigarh University fall, he has full right to criticize his university. It is well within his fundamental right to raise his voice against the injustice done by the University.

Right to information

Secondly, every student have right to information which also comes within Article 19. Every student have the rights to know everything about their academic activities, attendance details, marksheet from the college. No college can deny the right of the student to deny all these details.

Right to live with dignity and umbrella of rights within article 21

Thirdly, the right to live with dignity is part of article 21 which states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Article 21 contains umbrella of rights. It includes right to information, right to participation, right to privacy, right to speak, right to equality, etc.

Now, the major question arises is whether private universities fall within the ambit of article 12. Whether students can claim their rights against private universities. It is possible if the university fall within the definition of State under Article 12.

Whether Private Universities fall within the ambit of State?

There are various cases on this point that what falls within the ambit of state. In University of Madras v. Shanta Bai and Anr., the Madras High Court enunciate the principle of ‘Ejusdem Generis’ which means of the same kind. The court said that, everything will fall within the ambit of other authorities which performs the same functions as the government. This test is also known as sovereign function test.

In Rajasthan Electricity Board v. Mohan Lal and Ors., the Supreme court given the ‘Statutory Creation Test’, where it was stated that if an authority is created by virtue of a statute then it can be come within the definition of state.

The recent and the most landmark judgment on Article 12 is R.D. Shetty v. International Airport Authority & Ors. and Ajay Hasia v. Khalid Mujib, where Supreme Court laid down five test for considering whether an authority fall within ambit of other authority, this test is also known as instrumentality test, these are:

• If the entire share capital of the body is held by the government.
• Large financial assistance given by the govt. to meet majority of expenditure of body.
• If the body enjoy state protected monopoly.
• Existence of deep and persuasive state control.
• Function performed by the body are of public importance and closely related to governmental functions.

After looking at all these test, we can say that even a private university can fall within the ambit of state. However, there is no supreme court judgment over this matter. Many High Courts have already recognized this and passed the judgment to declare private universities as state. The Calcutta High Court in the case of Bineeta Patnaik Padhi v. Union of India and Ors. held that one Army Public School, Panagarh, is held to be a State under Article 12 of the Constitution as it was discharging public duty.

In 2015, In the case of Dr. Janet Jeyapaul v. SRM University and Ors., the Hon’ble Supreme Court held that deemed university also comes within the ambit of the state. The court applied the instrumentality test to check the position of deemed university as state.

Conclusion

We can say that, Chandigarh University can also fall within the ambit of state. It is right to say that Chandigarh University can fulfill the criteria laid down in Ajay Hasia case. Therefore, the students can claim there fundamental rights against the state. It is not barred from the purview of article 32 or article 226 which allows person to approach to Supreme Court or High Court respectively in case of violation of fundamental right.

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Chandigarh University is located in Chandigarh, the capital of the northern Indian states of Punjab and Haryana.