CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
A university disciplinary committee includes Prof. Mehta, whose own research paper was allegedly plagiarised by the student facing inquiry. The committee expels the student. The expulsion is most likely open to challenge because of:
The expulsion can be challenged for bias. Prof. Mehta, a committee member, is personally interested because the alleged plagiarism concerns his own work. Under the rule against bias, an interested person cannot take part in deciding the matter, so the decision is vitiated.
- AAbsence of a written Constitution provision on expulsion
- BLikelihood of bias arising from personal interest of a memberCorrect
- CFailure to give the student a right of appeal to the court
- DDelegation of legislative power by the committee
Explanation
Prof. Mehta has a personal interest in the matter, which creates bias, violating the rule against bias. Natural justice does not need a specific constitutional provision to apply, and the right of appeal is not an essential element of natural justice. No legislative delegation is involved here.
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