DR. REMA Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The petitioner, while working as Principal-in-charge of Government College, Kasargod, faced unprecedented situations. The Students Federation of India complained about contaminated water served by the College. This was on 20/2/2023. The petitioner immediately asked the College Superintendent to take necessary action. Thereafter, on the same day, around 30 students belonging to SFI Union marched to her Chamber and gheraoed her. She was not allowed to move out of the Chamber. They squatted in her chamber without allowing her to move till 2 pm. The students were accompanied by certain outsiders. Thereafter, she was allowed to have food, and she returned after 10 minutes. The students did not allow teachers and other staff to sign the Register. They captured photos and videos of her, and ultimately, with the assistance of police, she was freed from the wrongful restraint caused by the students and outsiders. Again, on 21/2/2023, leaders of SFI Students wing, entered her chamber seeking an explanation on the actions taken regarding the supply of purified water. She provided the details of the action taken and also mentioned about samples taken by the Kerala Water Authority. On 22/2/2023, news spread across the State alleging that the petitioner verbally abused the students. This news is alleged to have been circulated by SFI students. On 23/2/2023, around 60 students belonging to SFI detained the petitioner from 10.30 onwards till 2.00 clock. She was not even allowed to attend the washroom. Furthermore, she was heckled by some of the female students. It was with the assistance of the police she was released from wrongful restraint. The police registered an FIR on 24/2/2023 on her information. SFI student leaders were accused of the offences committed against her. In the meanwhile, on 23/2/2023, she was discharged from the duties of the Principal. On 24/2/2023, she gave an interview to an online news channel called Marunadan Malayali. In that interview, she spoke about the immoral conduct of the students and the use of drugs among them. She mentioned witnessing physical relationships similar to those in marriage within closed classrooms and cautioned parents to take care of their daughters. She also narrated atrocities and illegal activities involving students belonging to SFI. On 2/3/2023, she received a show cause notice from the Director of Collegiate Education, alleging that her statements in the interview portrayed the students as antisocial, immoral, and drug users, thereby tarnishing the image of staff, teachers and the institution before the general public. This, according to the Director, lowered the dignity and reputation of the institution. Therefore, the petitioner was asked to explain as a prelude to disciplinary action. She gave a response on 18/3/2023, reiterating the immoral conduct of certain students. However, she clarified that she had not raised any aspersion against the entire student community. She stated that her daughter is also studying in that college. She explained that the interview was given as SFI leaders attempted to isolate her from the general public by creating manipulated audio clips and circulating them on social media. It is in response to this false propaganda that she gave the interview to the news channel.

(2.) It is apparent that the Director of Collegiate Education sought a report based on the complaint raised by one Shri Akshay M.K., Secretary, SFI Unit, Government College, Kasaragod. The Director constituted a committee for conducting inquiry composed of Deputy Director of Collegiate Education Dr.Sunil John J. and Professor Dr.Geetha E. and a Senior Clerk attached to the Directorate of Education, Shri Shyamlal.I.S. The report was submitted before the Government on 15/6/2023. The committee considered certain aspects based on the complaint by Shri Akshay, Secretary of SFI Unit. Interestingly, the scope of the inquiry was limited to the conduct of Dr. Rema, and the Directorate of Collegiate Education had not shown any interest in conducting any inquiry as against the alleged indisciplined actions of the students belonging to the SFI Unit. It appears that it was a onesided inquiry to indict the petitioner rather than addressing disciplinary issues within the college. The committee recommended the following actions:

(3.) The petitioner approached the Kerala Administrative Tribunal challenging the order discharging her from the duties of the Principal and transferring her to Government Arts and Science College, Koduvally. While the challenge was pending, the Tribunal directed her to be accommodated to a nearby college since she was due to retire soon. Accordingly, she was accommodated at G.P.M. Government College, Manjeswaram. The Tribunal did not interfere with the order discharging her from the role of Principal or the transfer order. This matter is under challenge in O.P.(KAT). No.320/2023. The petitioner retired on 31/3/2024. We, therefore, do not propose to interfere with the order of the Tribunal as O.P.(KAT).No.320/2023 has become infructuous.