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CASE TITLE: DR REMA M VS. THE DIRECTOR OF COLLEGIATE EDUCATION & ORS.

CASE NO.: OP(KAT) NO. 109 OF 2024

DATED ON: 9^th April, 2024

CORAM: HON’BLE MR. JUSTICE A. MUHAMED MUSTAQUE & HON’BLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

FACTS:

The case revolves around Dr. Rema M, who was temporarily overseeing a college in Kasargod. Trouble began when students complained about contaminated water. Things escalated when some students, allegedly affiliated with the Students Federation of India (SFI), locked her in her office, preventing her from leaving for several hours. Later, she faced further incidents of detainment and harassment by SFI students, including being prevented from using the restroom. Amidst this, she gave an interview alleging immoral conduct, drug use, and illegal activities among some students. Consequently, the college authorities accused her of tarnishing the institution’s image, leading to a disciplinary inquiry. Dr. Rema defended her actions, stating that she was targeted by SFI members and that her remarks were not directed at the entire student body.

ISSUES FRAMED BY THE COURT:

1. Whether the actions of the SFI students, including the alleged confinement and harassment of Dr. Rema M, violated her rights or constituted unlawful behaviour.
2. Whether Dr. Rema M’s statements in the interview regarding the conduct of certain students were justified or constituted defamation of the institution and its students.
3. Whether the show cause notice issued to Dr. Rema M by the Director of Collegiate Education was legally justified.
4. Whether there are grounds for disciplinary action against Dr. Rema M based on her conduct and statements.

LEGAL PROVISIONS:

Rule 62 of the Government Servants’ Conduct Rules, 1960: Publication of documents and communications to the Press in the name of Government servants and public speeches.

Rule 63 of the Government Servants’ Conduct Rules, 1960: It states that a Government servant shall submit to Govt. a copy or draft of the document which he intends to publish or of the utterance which he intends to deliver.

Article 227 of the Constitution of India: Power of superintendence over all courts by the High Court.

CONTENTIONS OF THE APPELLANT:

Dr. Rema, herein the petitioner, contended that she was subjected to severe harassment and confinement by the students affiliated with SFI while she was temporarily overseeing a college in Kasargod. She asserted that the actions of the SFI students, including locking her in her office and preventing her from using the restroom, constituted a violation of her rights and were unlawful. Further, Dr. Rema states that her statements in the interview regarding the conduct of certain students were justified and aimed at addressing the serious issues taking place within the institution. Moreover, she argued that she was targeted by SFI members who circulated manipulative audio clips to isolate her from the public and that her remarks were not intended to defame the entire student body. Consequently, Dr. Rema defends her actions and statements as a response to the harassment she faced and denies any wrongdoing or intention to tarnish the institution’s image.

CONTENTIONS OF THE RESPONDENT:

The respondent contends that Dr. Rema M’s statements in the interview regarding the conduct of certain students were defamatory and hence has tarnished the reputation of the institution and its students. Further, they argued that her remarks portrayed the students as antisocial, immoral, and drug users, thereby lowering the dignity and reputation of the institution before the general public. However, the respondent asserts that Dr. Rema’s actions constituted a breach of discipline and warranted disciplinary action. They issued a show cause notice to Dr. Rema, seeking an explanation for her statements as a prelude to disciplinary proceedings. Despite her defense of being targeted by SFI members, the respondent maintains that Dr. Rema’s statements were unjustified and warranted disciplinary action to uphold the institution’s reputation and standards.

COURT’S ANALYSIS AND JUDGEMENT:

Based on the analysis made by the Hon’ble Court, it considered the events involving Dr. Rema M while she was overseeing the college in Kasargod. It acknowledged the difficult situations she faced when students, allegedly affiliated with SFI, locked her in her office and prevented her from leaving, among other harassments. The court recognized that Dr. Rema’s statements in an interview regarding certain students’ conduct were made in response to the harassment she endured. However, it also noted that these statements could be seen as defamatory to the institution and its students. Despite acknowledging the challenging circumstances that the petitioner faced, the court concluded that her remarks possess the potential to damage the college’s reputation. As a result, the court upheld the disciplinary action initiated against Dr. Rema by the college authorities. It emphasized the need for all parties involved to handle such situations with care and sensitivity, ensuring the dignity and reputation of the institution are preserved.

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Judgement Reviewed By- Shramana Sengupta