A local court in Zhengzhou, capital of central China's Henan Province, ruled Thursday that Zhengzhou University should withdraw its decision to expel one of its students, who was found cheating on an exam.

The 23-year-old plaintiff, surnamed Dong, was originally a student with the School of Material Sciences and Engineering at Zhengzhou University. In 2003, his sophomore year, Dong failed in a subject and was supposed to take a makeup on March 2 that year. But he did not show up, citing reasons of illness and fears that he could not afford the makeup charge since he was born in a poor family. Instead, he sent one of his classmates, surnamed Zhang, to take the exam for him.

The trick was reported to the university authorities.

The university decided to expel both of the students the next month, although Dong had expressed his regrets and submitted written apologies to the university authorities.

Dong had no choice but to turn to the law for help.

In December 2003, he filed a lawsuit against Zhengzhou University, saying the decision to expel him had infringed upon his education rights. He wanted the university to recall the decision.

Zhengzhou University, widely regarded as the best in Henan, insisted that the punishment was legal and reasonable. It also said the university had informed the two students of the decision in written files, which Dong said had never happened.

The court said investigation found that the university had not delivered the punishment decision in written form to Dong and had not informed Dong of his rights to appeal. Both violated administrative procedures. The court also ruled that the punishment was too severe and that university should recall its decision.

When told of the rule, Dong, who was now working in south China's Guangdong Province, said he was waiting for the result for a long time and wanted to return to the university and finish his degree.

The lawsuit was the first of its kind in Henan, China's most populous province. But in other parts of the country, similar disputes and lawsuits have been reported. Today's students have been growing increasing aware of how to protect their rights through laws.

(Xinhua News Agency March 6, 2005)