Nabilah Haniph vs State Of Kerala
2025 Latest Caselaw 485 Ker

Kerala High Court

Nabilah Haniph vs State Of Kerala on 2 July, 2025

Author: D. K. Singh

Bench: D. K. Singh

                                                            2025:KER:48351
WP(C) NO. 35259 OF 2024

                                   1
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR. JUSTICE D. K. SINGH

         WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947

                          WP(C) NO. 35259 OF 2024


PETITIONER/S:

            NABILAH HANIPH
            AGED 36 YEARS
            W/O JAISON AUGUSTINE, 9/543, KAIRALI ROAD, SAGARA JUNCTION,
            KATTAPANA P.O., IDUKKI - 685508. WORKING AS ASSISTANT
            PROFESSOR, DEPARTMENT OF ECONOMICS, MES COLLEGE,
            NEDUMKANDAM, CHEMBALAM P.O., IDUKKI, PIN - 685553


            BY ADVS.
            SHRI.KALEESWARAM RAJ
            KUM.THULASI K. RAJ
            SMT.APARNA NARAYAN MENON
            SMT.CHINNU MARIA ANTONY




RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
            DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,
            THIRUVANANTHAPURAM., PIN - 695001

     2      VICE CHANCELLOR
            MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
            ATHIRAMPUZHA, KOTTAYAM., PIN - 686562

     3      MAHATMA GANDHI UNIVERSITY,
            PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM -686562,
            REPRESENTED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY,
            PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM.

     4      CORPORATE MANAGER,
                                                                2025:KER:48351
WP(C) NO. 35259 OF 2024

                                   2
            MES COLLEGE, NEDUMKANDAM,, [(SECRETARY, THE MUSLIM
            EDUCATIONAL SOCIETY(REGD.)] KANNUR ROAD, NADAKKAVU P.O.
            CALICUT, PIN - 673011

     5      THE PRINCIPAL
            M.E.S.COLLEGE, NEDUMKANDAM, CHEMBALAM P.O., IDUKKI., PIN -
            685553

     6      THE DIRECTOR OF COLLEGIATE EDUCATION
            OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS
            BHAVAN, THIRUVANANTHAPURAM., PIN - 695033


            BY ADVS.
            SRI.LIJU.V.STEPHEN
            SMT.INDU SUSAN JACOB
            SHRI.TAJ K. TOM
            SHRI.ABHIJITH U.



     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
02.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                  2025:KER:48351
WP(C) NO. 35259 OF 2024

                                       3
                                 JUDGMENT

The petitioner is working as an Assistant Professor (Economics)

at MES College, Nedunkandam, Idukki. The petitioner faced

disciplinary proceedings as per the charge memo dated 24.07.2023,

along with the statement of allegations.

2.The charge memo dated 24.07.2023 would read as under:

" CHARGE MEMO

That you, Nabilah Haniph, Assistant Professor, Department of

Economics, MES College. Nedamkandam has been placed under

suspension as per Order No.MES/AC/E-1338/23 dt.17.07.2023 of the

Corporate Manager, MES Aided Colleges, on the basis of allegations

levelled against you in the letter dated 5.7.2023 of the Principal MES

College, Nedumkandam. Your tone and tenor in the reply to the

warning letter issued by the Corporate Manager also amounts to

insubordination. You have even gone to the extent of directing the

Corporate Manager to withdraw the warning asserting that you will

continue your modus operandi despite the warning. You have also

sent a petition direct to the University violating the provisions

contained in item No.20(1) in Part B of Chapter 45 of the MG

University Statute. On a false complaint of harassment submitted by

you, the ICC met and tried to take evidence from you. But instead of 2025:KER:48351 WP(C) NO. 35259 OF 2024

co-operating with the proceedings conducted by the Committee, you

have raised unfounded allegations against the Committee members

and Chairman of the ICC. Because of your belligerent attitude quite

unbecoming of an Assistant Professor, the ICC members and the

Presiding Officer were constrained to submit their resignation

leading to an unpleasant situation. You were also instrumental in

causing certain unhappy incidents in the University Kalotsavam

wherein the Chairman of the University lodged a complaint against

you to the Vice-Chancellor thereby tarnishing the image of the

College as well.

You are, therefore, directed to submit your written explanation

as to why disciplinary action under rule 15 of Kerala Civil Services

(Classification, Control & Appeal) Rules, 1960 read with Section

63(2) of the Mahatma Gandhi University Act, 1985, may not be taken

against you, within 15 days of receipt of this charge memo and also

if you desire to be heard in person you will be given the chance and

will be intimated the time and venue of the meeting. If your written

explanation is not furnished within the time stipulated above, it will

be presumed that you have no explanation to offer and the matter

will be proceeded with accordingly."

3. On conclusion of the disciplinary proceedings, a penalty of 2025:KER:48351 WP(C) NO. 35259 OF 2024

withholding of increments temporarily for a period of two years has

been imposed on the petitioner under Rule 73(ii) of the M.G

University Statutes.

4.The learned counsel for the petitioner submits that the

charges in the memo of charges dated 24.07.2023 are vague.

5.From the reading of the charges, this court does not find that

the contention has any substance and therefore the same is rejected.

6.The writ petition is not maintainable as there is an alternative

remedy of appeal prescribed under Section 63 of the Mahatma

Gandhi University Act, 1985('the MG University Act for short).

7.Section 63 of the Mahatma Gandhi University Act, would read

as under:-

63. Disciplinary powers of Educational Agency over teachers of

Private Colleges.-

(1) The Educational Agency may at any time place a teacher of a

Private College under suspension when any disciplinary proceedings

is proposed to be taken against him or when such disciplinary

proceedings are pending.

(2) A teacher of a Private College who is detained in custody whether

on a criminal charge or otherwise for a period exceeding forty-eight 2025:KER:48351 WP(C) NO. 35259 OF 2024

hours shall be deemed to have been suspended with effect from the

date of detention by an order of the Educational Agency and shall

remain under suspension until further orders.

(3) When a teacher of a private College is suspended for a period

exceeding fifteen days, the matter together with the reasons for the

suspension, shall be reported to the Vice-Chancellor.

(4) Any disciplinary proceedings against a teacher of a private

college by the educational agency shall be completed within a period

of three months or within such further period as may be allowed by

the Vice-Chancellor.

(5) No disciplinary action shall be taken against a teacher with out

giving him a reasonable opportunity of showing cause against the

action proposed to be taken against him.

(6) Any teacher aggrieved by an order imposing on him any of the

following penalties, namely:- (a) withholding of increment; (b)

recovery from pay of any pecuniary loss caused to the institution or

the monetary value equivalent to the amount of increment ordered

to be with held; (c) reduction to a lower rank in the seniority list or

to a lower grade or post; and [(cc) removal from service (ccc)

compulsory retirement from service]1 (d) dismissal from service,

may, within sixty days from the date on which a copy of such order

is served on him, appeal to the Appellate Tribunal on any one or

more of the following grounds, namely :- (i) that there is want of good 2025:KER:48351 WP(C) NO. 35259 OF 2024

faith in passing the order; (ii) that the order is intended to victimise

the appellant; (iii) that in passing the order, the educational agency

has been guilty of a basic error or violation of the principles of

natural Justice; (iv) that the order is not based on any material or is

perverse: Provided that the Appellate Tribunal may admit an appeal

presented after the expiration of the said period of sixty days if it is

satisfied that the appellant had sufficient cause for not presenting

the ppeal within that period.

(7) On receipt of an appeal under sub-section (6) the Appellate

Tribunal may, after giving the parties an opportunity of being heard,

and after such further inquiry as may be necessary pass such order

thereon as it may deem fit, including an order of reinstatement of

the teacher concerned.

(8) Any order passed by the Appellate Tribunal under sub-section (7)

may be executed through the Subordinate Judges Court having

Jurisdiction over the area in which the private college is situated as

if it were a decree passed by that court.

(9) Any person who objects to an order passed by the Appellate

Tribunal under sub-section (7) may, within sixty days from the date

on which a copy of such order is served on him, prefer a petition

accompanied by court fee stamps of the value of ten rupees to the

High Court on the ground that the Appellate Tribunal has either

decided erroneously or failed to decide, any question of law.

2025:KER:48351 WP(C) NO. 35259 OF 2024

(10) The provisions of section 5 of the Limitation Act, 1963 (Central

Act 36 of 1963), shall be applicable to any proceedings under sub-

section (9).

(11) The High Court shall, after giving the parties an opportunity of

being heard, pass such order on the petition, as it deems fit.

(12) Where the High Court passes any order under sub-section (11),

the Appellate Tribunal shall amend the order passed by it in

conformity with the order of the High Court."

8. Under subsection (6) of Section 63, any teacher aggrieved

by an order imposing on him any of the punishment/penalty provided

therein may approach the Appellate Tribunal against the order of

punishment. The time prescribed for approaching the Tribunal is 60

days from the date of the order.

9.Thus, under Section 63(9) of the Act, a second appeal from

the decision of the University Appellate Tribunal lies to the High

Court.

10.It appears that the petitioner, on wrong legal advice,

approached this Court in the present writ petition, though, he has a

statutory remedy of filing the appeal before the University Appellate

Tribunal. Therefore, the present writ petition is disposed of, with 2025:KER:48351 WP(C) NO. 35259 OF 2024

liberty to the petitioner to approach the University Appellate

Tribunal under subsection (6) of Section 63 of the Act. If the

petitioner files the appeal within a period of ten days from today, the

Tribunal shall consider and decide the appeal in accordance with

the law expeditiously, preferably within a period of two months.

However, if the petitioner fails to file the appeal within a period of

ten days from today, the appeal may be dismissed on the ground of

delay itself. The Tribunal shall decide the case on merits without

being influenced by any of the observations made by this court.

For a period of ten days from today, the interim order granted

by this court shall remain in operation

Sd/-

D. K. SINGH JUDGE SJ 2025:KER:48351 WP(C) NO. 35259 OF 2024

APPENDIX OF WP(C) 35259/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 1300/2022 PASSED BY THIS HON'BLE COURT DATED 14.06.2022. Exhibit P2 TRUE COPY OF THE ORDER VIDE NO. MES/AC/E- 1338/23 DATED 17.07.2023 ISSUED BY THE 4 TH RESPONDENT Exhibit P3 TRUE COPY OF THE CHARGE MEMO ALONG WITH THE STATEMENT OF ALLEGATIONS DATED 24.07.2023 ISSUED BY THE MANAGEMENT.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE MAHATMA GANDHI UNIVERSITY ACT 1985.

Exhibit P5 TRUE COPY OF THE CHARGE MEMO NO.MES/AC/E/1399 ISSUED BY THE CORPORATE MANAGER DATED 12.02.2024 ALONG WITH THE STATEMENT OF ALLEGATIONS. Exhibit P6 TRUE COPY OF THE NOTICE ISSUED BY THE ENQUIRY OFFICER DATED 20.07.2024.

Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 29.08.2024 IN W.P.(C) NO. 30121/2024 PASSED BY THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF THE PROCEEDING NO.MES/AC/E- 1338/23 DATED 13.09.2024 OF THE CORPORATE MANAGER, MES AIDED COLLEGES.

Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 22.02.2024 IN W.P(C)NO.25610/2023 PASSED BY THIS HON'BLE COURT. Exhibit P10 TRUE COPY OF THE SPARK DETAILS OF THE PETITIONER DOWNLOADED FROM THE OFFICIAL WEBSITE DATED 27.09.2024.

Exhibit P11 TRUE COPY OF THE UNIVERSITY GRANTS COMMISSION (PREVENTION, PROHIBITION AND REDRESSAL OF SEXUAL HARASSMENT OF WOMEN EMPLOYEES AND STUDENTS IN HIGHER EDUCATIONAL INSTITUTIONS) REGULATIONS, 2015.

RESPONDENT EXHIBITS

Exhibit R4(a) A true copy of the transfer and posting order of the Petitioner dated 27/05/2021 in MES College Nedumkandam Exhibit R4(b) A true copy of the complaint dated 15.02.2023 filed by the Petitioner to the 5th Respondent College Exhibit R4(c) A true copy of the show cause notice dated 12-02- 2024 issued by the 4th Respondent to the Petitioner Exhibit R4(d) A true copy of the order dated 22/02/2024 in WP(C) 2025:KER:48351 WP(C) NO. 35259 OF 2024

No. 25610/2023, of the Hon'ble High Court Exhibit R4(e) A true copy of the email dated 28/02/2024 sent by the Petitioner to the Head of the Department and the Principal Exhibit R4(f) A true copy of the email dated 02/03/2024 sent by the Petitioner to the Principal Exhibit R4(g) A true copy of the home college option of the petitioner dated 13/02/2019