The Delhi High Court has held that universities cannot restrict peaceful protest merely because the views of the students do not align with the management’s ideology, Bar and Bench reported on Tuesday.

The court made the observation while setting aside the expulsion of a student from Dr BR Ambedkar University. The punishment was “highly disproportionate” and unsustainable in law, it added.

In the March 13 order, Justice Jasmeet Singh allowed the student’s petition challenging allegedly disciplinary orders issued against her in June and August.

“A university that accepts only obedience and discourages protests and criticism would fail in its broader educational role,” the judge said. “The role of the university is not to suppress every form of dissent, but to ensure that such expression is answered and catered to.”

Singh said that a university is not only a place for attending classes, but also a space where students “are expected to learn and inculcate independent thought processes, ability to ask questions and engage in critical thinking”.

The court observed that peaceful protest and non-violent dissent form a natural part of such an environment, Live Law reported. Protests when carried out without violence or serious disruption, cannot be treated as misconduct, it added.

“On the contrary, it reflects the very spirit of freedom to engage in discourse and discussions that a university is expected to encourage,” the judge said.

The petitioner, a global studies student at the university, alleged that she faced severe ragging, bullying and gender-insensitive remarks that led to self-harm. She later took part in complaints and protests over the incident, after which the university suspended her, Bar and Bench reported.

In April 2025, the High Court had allowed her to attend classes but barred her from participating in protests while the matter was under inquiry.

The university later claimed that the petitioner had breached the direction by joining a campus-wide boycott, and issued a show-cause notice to her in May before expelling her for taking part in a sit-down protest.

The student denied participating in the protest, stating she was only near the site to meet a friend when her photograph was taken by campus security.

While examining the matter, the court noted there was no allegation that the protest disrupted the functioning of the university or interfered with other students’ academic pursuits.

It also clarified that any punishment for violation of a court order lies with the court and not the university.

The court set aside the disciplinary orders, holding that the loss of a year was sufficient punishment, and allowed her to resume her studies from the third semester in July, Live Law reported.