Punjab and Haryana High Court: In a petition filed under Article 226/227 of the Constitution to quash the action of the Indian Institute of Management, Rohtak (‘respondent’) conveyed vide email dated 06-06-2020 (‘impugned letter’) and also direct the respondent to declare the petitioner’s result, which had been withheld without any intimation to her, Jasgurpreet Singh Puri, J., stated that it was very clear that the Academic Handbook of the year 2018-2020 for the Batch-9 was applicable to the petitioner and not Academic Handbook of the year 2019-2021 for the Batch-10. Admittedly, in the Academic Handbook for 2018-2020, there was no provision for any kind of punishment in terms of Clause 7.5.3, under which the punishment had been inflicted, whereas the same existed only in the Academic Handbook for the year 2019-2021. Therefore, the punishment, which was inflicted upon the petitioner, was totally without the authority of law and without any power. Consequently, the present petition was allowed and set aside the impugned letter.
The Court stated that the action of the respondents being ex facie illegal and without the authority of law had resulted in a drastic and adverse impact upon the career of a young student. Therefore, the petitioner deserved exemplary costs of Rs.2,00,000 in compensation, which should be paid to the petitioner by the respondents within a period of three months. The respondents were also directed to expedite the process of declaring the result of the petitioner and expedite the process of granting the degree in accordance with law.
Background
Petitioner was a student of Indian Institute of Management, Rohtak and was pursuing her Post Graduation Programme for 2018-2020 Batch. The course was of two years, which consisted of six trimesters. As per the petitioner, while she was in her sixth trimester, she made a complaint to the Director of the Institute alleging sexual harassment by another student and by some of the officials. Thereafter, the matter was not only sent to the Internal Complaints Committee (‘the Committee’) but also to the police for enquiry. However, the police concluded that the allegations made by the petitioner were not sustainable. The Committee also concluded that the allegations made by the petitioner were not sustainable and were false.
Further, vide impugned letter, an order of punishment was inflicted upon the petitioner, directing the petitioner to repeat her sixth trimester and tender an apology in writing as well as in visual format. After the punishment order was passed, petitioner’s result of sixth trimester was not declared by the respondent. Petitioner stated that more than four years had passed and petitioner, who was a student, had not been able to pursue her further studies, nor could apply for any job and her entire career was spoiled by the respondent because of the impugned letter, which was illegal, erroneous and without the authority of law.
Analysis, Law, and Decision
The Court noted that the controversy involved in the present case was regarding whether the institute was within the rights to have inflicted the punishment in terms of Clause 7.5.3 of the Academic Handbook (2019- 2021) upon the petitioner and whether the respondents had any authority of law to inflict such punishment.
The Court stated that the perusal of the impugned letter dated 06-06-2020, would show that it was penal in nature and had been passed in terms of Clause 7.5.3 of the Academic Handbook (2019-2021) by the respondent. Petitioner contended that such as order could not have been passed because there was no such provision in the Academic Handbook of Batch-9 for the year 2018- 2020 whereas the same existed in the Academic Handbook of Batch-10 for the year 2019-2021, yet the same could not be operated retrospectively.
The Court stated that it was very clear that Academic Handbook of the year 2019-2021 for the Batch-10 was not applicable to the petitioner. Whereas the Academic Handbook of the year 2018-2020 for the Batch-9 was applicable to the petitioner. Admittedly, in Batch-9 of the Academic Handbook for 2018-2020, there was no provision for any kind of punishment in terms of Clause 7.5.3 under which the punishment had been inflicted, whereas the same existed only in the later Academic Handbook for the year 2019-2021. Therefore, the punishment, which was inflicted upon the petitioner, was totally without the authority of law and without any power. Consequently, the present petition was allowed and set aside the impugned letter.
The Court stated that the petitioner was a young girl was of 27 years at the time when the impugned letter was passed, and she could not do anything for the next four years because it was passed without the authority of law. It has seriously affected her career and studies apart from other incidental consequences. Therefore, the Court stated that the action of the respondents being ex facie illegal and without the authority of law which resulted in having a drastic and adverse impact upon the career of a young student, the petitioner deserved exemplary costs in compensation which were assessed as Rs. 2,00,000 which should be paid to the petitioner by the respondent within a period of three months from 15-07-2024.
The Court further stated that in case, the aforesaid cots were not paid to the petitioner, within the prescribed period, then she would be entitled for interest at 9% per annum thereafter. Consequently, the respondents were also directed to expedite the process of declaring the result of the petitioner and also expedite the process of granting the degree in accordance with law. The Court also directed that the security amount of Rs. 30, 000 should also be given to the petitioner in case she made any application for the same within a period of two months from filing of the application.
[Pooja Gupta v. Union of India, 2024 SCC OnLine P&H 8277, decided on 15-07-2024]
Advocates who appeared in this case :
For the Petitioner: Naveen Siwach, Advocate for J.S. Saneta, Advocate.
For the Respondents: Jatin Kaushal, Advocate for Arvind Seth, Senior Panel Counsel; Vivek Singla, Advocate.
Buy Constitution of India HERE
