The Delhi High Court has rejected the plea of suspended Kirori Mal College (KMC) principal Bhimsen Singh seeking revocation of his suspension saying that his conduct was ‘contrary’ to the discipline and high standards required to be maintained in an educational institution.

“The petitioner (Singh) did not raise any grievance regarding the appointment of SP Gupta as the vice principal of the college or Baleshwar Rai as chairman of the governing body of the college to the chancellor, vice-chancellor or executive council of the university but straightaway went to the Press, which prima facie would be contrary to maintaining the discipline and high standards required to be maintained in educational institutions,” Justice Mukta Gupta said.

The court rejected Singh’s plea that holding a Press conference was not misconduct and said that it would not be appropriate for this court to return a finding thereon in these proceedings except to note that though misconduct has not been defined in the university calendar, however, the fact that highest standards of discipline are required to be maintained in a university cannot be denied. “The right of speech and expression as guaranteed under Article 19(1) of the Indian Constitution has to be balanced keeping in mind the smooth and efficient running of the educational system,” the court said.

The court observed that the enquiry against Singh was being conducted by a retired Judge of the Supreme Court and said that there were no allegations of bias or mala fide against the enquiry officer. The court noted that the governing body was only a recommendatory authority for order of suspension and said that the final decision of suspension was taken by the vice chancellor of the Delhi University, Dinesh Singh with recommendation of governing body. “This Court cannot predetermine that the enquiry would be farcical when the same is not being conducted by any of the Respondents but by an independent officer,” the court said. The court held that merely because of allegations against Rai, a unanimous decision of the governing body which is taken by 8 other members cannot be said to be a mala-fide exercise of power.

Singh in his plea had contended the suspension order against him was “illegal and biased”. “The move is with a mala fide intention on the part of the university authorities,” Singh had said while challenging the governing body’s August 1, 2012 order suspending him. The suspension order came after Singh levelled corruption charges against KMC Governing Body’s Chairman Baleshwar Rai, a retired IAS officer. Singh was asked by the college to hand over the charge of principal Gupta with immediate effect. Singh had alleged Rai faced several charges, including misappropriation of funds and molestation and demanded his removal from the post. He had claimed that he had entered the bad books of the University in 2010 when he had supported the Delhi University Teachers’ Association and protested against the implementation of semester system.