Recently, the Delhi High Court stepped in to examine disciplinary action taken against a Senior Professor of Jamia Millia Islamia over her request for a clean and usable ladie's restroom. The Court was confronted with a troubling question, whether raising a basic hygiene grievance, coupled with a medical difficulty, could be treated as misconduct merely for not following the “proper channel,” raising deeper concerns about administrative rigidity overriding fundamental workplace rights.
The controversy began when Prof. Sujata Ashwarya, a senior faculty member with over two decades of service, raised a complaint seeking a clean, standalone ladie's toilet at her Centre, citing deteriorating hygienic conditions and a knee-related medical issue that made certain facilities difficult to use. Instead of addressing the grievance, the University issued a show-cause notice months later, alleging misconduct and insubordination on the grounds that she had bypassed procedural channels and used objectionable language. The matter escalated further with the constitution of a committee, eventually culminating in an order directing her to submit a written apology. Challenging this, the professor approached the High Court, arguing that a legitimate workplace concern had been unjustifiably converted into disciplinary proceedings.
The Court termed the entire course of action “deeply unfortunate,” observing that “a grievance relating to access to a hygienic restroom at the workplace… is not a matter to be trivialised.” The Court emphasised that institutional discipline cannot overshadow issues of dignity and humane working conditions, adding that “a complaint of this nature called for engagement, not escalation.” It further held that compelling an apology in such circumstances was legally untenable, noting that “an apology, to retain any meaning, must be voluntary. It cannot be extracted through office orders.”
Finding the response manifestly disproportionate and overly formalistic, the Court quashed the disciplinary proceedings and directed the University to reconsider the grievance with sensitivity within four weeks, while ensuring immediate access to a hygienic facility.
Case Title: Prof Sujata Ashwarya Vs. Jamia Millia Islamia & Ors.
Case No.: W.P.(C) 3262/2026
Coram: Hon'ble Mr. Justice Sanjeev Narula
Advocate for the Petitioner: Adv. Mrinmoi Chatterjee,
Advocate for the Respondent: Adv. Pritish Sabharwal, Adv. Shweta Singh, Adv. Sanjeet Singh, SPC. Rajesh Kumar, GP. Naveen,
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