Section 35 of The Rajiv Gandhi National Aviation University Act, 2013
- (1)Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Disciplinary Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.
- (2)Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of section 36 shall, as far as may be, apply to a reference made under this sub-section.
Summary
- If a student is removed from the University rolls and banned from exams for more than one year by the Vice-Chancellor, Disciplinary Committee, or Examination Committee, they can appeal.
- The student has ten days from receiving the order to file an appeal with the Executive Council.
- The Executive Council has the power to confirm, modify, or overturn the original disciplinary decision.
- If there is still a dispute over the disciplinary action, the student can ask for it to go to a Tribunal of Arbitration.
- When a student asks for arbitration, the general appeal rules from Section 36 apply to that process as far as possible.
Practical examples
FAQ
1. What is the minimum punishment that allows a student to appeal to the Executive Council under this section?
The student must have been removed from the rolls and debarred from appearing at examinations for more than one year.
2. How much time does a student have to file their appeal after receiving the disciplinary order?
Ten days from the date of receipt of the order or a copy of the resolution.
3. Who hears the student's appeal?
The Executive Council.
4. Can a student's disciplinary case go to arbitration?
Yes, any dispute arising out of disciplinary action can be referred to a Tribunal of Arbitration at the student's request.
Test yourself
Q1.Under Section 35 of The Rajiv Gandhi National Aviation University Act, 2013, what conditions must be met for a student to appeal directly to the Executive Council regarding removal from the rolls?
Q2.Under Section 35 of The Rajiv Gandhi National Aviation University Act, 2013, what is the strict time limit for a student to appeal to the Executive Council after receiving a severe disciplinary order?
Q3.Under Section 35 of The Rajiv Gandhi National Aviation University Act, 2013, which of the following authorities is NOT listed as one whose disciplinary orders can trigger an appeal to the Executive Council under this specific clause?
Q4.Section 35 of The Rajiv Gandhi National Aviation University Act, 2013 states that disputes over disciplinary action can be referred to arbitration. How does Section 36 (Right to appeal) interact with this process?