TISS student rusticated over social media post gets HC relief

MUMBAI: Bombay high court has directed the reconstituted appellate authority of Tata Institute of Social Sciences (TISS) to take a decision on an appeal by a student against her rustication for a social media post allegedly by her husband against two faculty members.
“Without intending to influence the appellate authority, we do observe that while the need to maintain discipline is acknowledged, the respondent-institution should also show magnanimity commensurate to its status to its students and should not only focus on imposing punishments or retribution...,” said Justices Nitin Jamdar and Manjusha Deshpande in the October 18 order.The petition was filed by a doctor who was pursuing a hospital management course. She had alleged sexual harassment by a faculty member. On October 8, 2022, two faculty members complained regarding a social media post allegedly circulated by her husband. TISS constituted a three-member committee to conduct an inquiry. The committee recommended her rustication. In December 2022, her appeal was dismissed.
The judges noted that TISS had constituted an appellate committee of the same members who had passed the original order. “This obviously could not have been done,’’ they said. TISS’ advocate Shanay Shah said it will constitute a fresh appellate authority. The student’s advocate Gauri Raghuwanshi said she is seeking employment and is in need of a degree.
The judges directed the appellate authority to be reconstituted within a week. It will “consider all aspects and take an appropriate decision.” They said those faculty members who seem to be more aggrieved would have their personal remedies in law.
“The petitioner now seeks only a degree. Therefore we have no doubt that the appellate authority will take a dispassionate view as an institution to find a solution to put a quietus to the issue, leaving it to those feeling defamed to pursue their own remedies, if so inclined,’’ they concluded.