Universitys Disciplinary Autonomy

Nahid Islam, a fifth-year student of law at the University of Leadership & Excellence (ULE), was an active member of the Youth Students Union (YSU). YSU is actually a student union that advocates for the student rights and welfare at the ULE. It is evident that YSU had been involved in several protests and campaigns on campus, including demanding better facilities, lower tuition fees, and more transparency against the university's administration. On Feb *, the YSF invited the former opposition leader of the provincial assembly in order to record a strong protest against the administration of the university for increasing the fees of law program, which violated the Act of Majlis-e-Shoora (Parliament) and the education policy of the Higher Education Commission (HEC). In March *, ULE administration issued a notification stating that any student found to be a member of a student union and federation will face disciplinary action, including rustication. The notice refers to the university’s * policy, which prohibits ULE students from participating in politics or political activities in order to maintain discipline and focus on academic responsibilities. Despite the notice, Nahid Islam along with other law students continued to be an active member of the YSU. In April *, they organized another protest against administration of university – due to appointment of ineligible faculty member as a dean of faculty of law. After * pm on same day, university rusticated Nahid Islam for his participation in the protest, citing the violation of university's policy on the involvement in students’ politics. Nahid Islam started social media posts against the university; and some of his tweets were retweeted by the politicians and journalists as well. On the next working day, he approached to the head of students’ discipline committee; however, he rejected the application of Nahid Islam without listening to him. Therefore, he approached some legal experts who gave them suggestions to file a writ. Nahid Islam followed the suggestion, and he filed a writ petition in the High Court, challenging the university's decision of rustication. He argued that the university's policy violated his fundamental rights to freedom of association and expression under the Constitution of Sultania. In High Court, the case was decided by the three-member bench, which allowed his petition and cancelled the rustication, holding that the university's policy was unconstitutional and violated Nahid Islam 's fundamental rights. Even, the High Court emphasized the importance of students' rights to freedom of association and expression and stated that the university's policy was an unreasonable restriction on these rights. The ULE has now filed an appeal with the Supreme Court of Sultania, arguing that the High Court's decision infringes upon the autonomy of the university to manage their internal affairs and maintain discipline among stud

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