IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 27639 OF 2021
PETITIONER:
DR. SWAPNA GOPINATH
AGED 51 YEARS
D/O. GOPINATH V., RESIDING AT LAKSHMI,
TC 30/1888/1, PETTAH P.O., THIRUVANANTHAPURAM-695 024.
BY ADVS.
RAGHUL SUDHEESH
K.J.GLAXON
J.LAKSHMI
XAVIER THOMAS V.T.
RESPONDENTS:
1 THE PRINCIPAL
SREE NARAYANA COLLEGE, CHEMBAZHANTHY,
THIRUVANANTHAPURAM-695 587.
2 THE MANAGER
SREE NARAYANA COLLEGE, CHEMBAZHANTHY,
THIRUVANANTHAPURAM-695 587.
3 INTERNAL COMPLAINTS COMMITTEE
REPRESENTED BY ITS PRESIDING OFFICER, SREE NARAYANA
COLLEGE, CHEMBAZHANTHY, THIRUVANANTHAPURAM-695 587.
4 UNIVERSITY GRANTS COMMISSION (UGC)
REPRESENTED BY ITS SECRETARY, BAHADUR SHA ZAFAR MARG, NEW
DELHI-110 002.
BY ADVS.
M.S.RADHAKRISHNAN NAIR
SRI.A.N.RAJAN BABU, SC, S.N. COLLEGE
SRI.S.KRISHNAMOORTHY, CGC
WP(C) NO. 27639 OF 2021
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 27639 OF 2021
3
JUDGMENT
There can be little doubt, from the pleadings and the materials on record, that the mention of the petitioner's name in Ext.P1 Internal Complaints Committee, constituted by the 1st respondent - Sree Narayana College, Chembazhanthy, was unwarranted and unnecessary, particularly when, concededly, she had been given no opportunity of defending herself.
2. I notice from Ext.P1 that petitioner is concerned because her name has been taken in a very casual manner, to allege that it is on account of a talk given by her in the college, that certain girl students made allegations against another faculty member.
3. Sri.Raghul Sudheesh - learned counsel appearing for the petitioner, submitted that Ext.P1, to the extent to which it includes his client's name, can never be found to be legally tenable because, had there been any valid allegation against her, she ought to have given an opportunity of explaining it. He contented that, in the absence of such opportunity being WP(C) NO. 27639 OF 2021 4 offered, Ext.P1, to the extent to which it relates to his client, will certainly have to be set aside.
4. Sri.A.N.Rajan Babu - learned Standing Counsel appearing for the College and Sri.M.S.Radhakrishnan Nair - learned counsel appearing for the 1 st respondent - Principal of the College, submitted that Ext.P1 does not refer to the petitioner's name as a person who has been found guilty, but has made a reference to her solely because the students appear to have been persuaded to make a complaint against the faculty, based on the inputs that she had given to them. They submitted that it was not the intention of the Internal Complaints Committee (ICC) to find fault with the petitioner in any manner, but that her name was only taken as a passing reference, to explain the background in which the whole incident happened.
When I consider the afore submissions, it is rendered indubitable that petitioner cannot be stigmatized or put to any detriment through a process in which she had not been given WP(C) NO. 27639 OF 2021 5 even an opportunity of being heard.
In such circumstances, I am left without any doubt, as I have already said above, that Ext.P1 to the extent to which it refers to the petitioner cannot be granted imprimatur.
Resultantly, I order this writ petition and expunge the name of the petitioner from Ext.P1; and further declare that no detriment shall be caused or brought against her on account of having referred her name in the first place.
Sd/-
DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 27639 OF 2021 6 APPENDIX OF WP(C) 27639/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ICC REPORT DATED 19.10.2021.
Exhibit P2 TRUE OF THE JUDGMENT OF THE HON'BLE KERALA HIGH COURT DATED 8.4.2016 IN WPC NO.4001 OF 2016.
Exhibit P3 TRUE COPY OF THE MEMO ISSUED TO DR. MANU REMAKANT DATED 18.10.2021.
Exhibit P4 TRUE COPY OF THE MEMO ISSUED TO REMYA C.R. DATED 18.10.2021.
Exhibit P5 TRUE COPY OF THE MEMO ISSUED TO SANGEETHA HARIHARAN DATED 18.10.2021. Exhibit P6 TRUE COPY OF THE MEMO ISSUED TO DR.
LEKHA N. B. DATED 18.10.2021.
Exhibit P7 TRUE COPY OF THE TRUE COPY OF THE MEMO ISSUED TO LAKSHMI A.J. DATED 18.10.2021. Exhibit P8 TRUE COPY OF THE ORDER DATED 12.11.2021 IN WPC 24806/2021 AND CONNECTED MATTERS (W.P.(C)24808/2021& WPC 24987/2021) Exhibit P9 TRUE COPY OF THE ORDER OF THE HON'BLE KERALA HIGH COURT DATED 1.11.2021 IN WPC 23694/2021.
Exhibit P10 TRUE COPY OF THE SCREENSHOT OF THE
SOCIAL MEDIA POST OF THE PETITIONER
DATED 30.5.2021.