O R D E R

This Writ Petition has been filed declaring the proceedings of the Internal complaints Committee and its report, if any, null and void and consequently, direct the second respondent to conduct enquiry through District Local Complaints Committee (DLCC) or other similar independent agency and also impose penalty on respondents 4 and 5 as per Section 26 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

2.The case of the petitioner is that she got enrolled in M.A. Ancient History & Archaeology in the University of Madras during the year 2019. During the lock down, the University had announced semester exams and before the exams, the students were asked to attend intenship, which is part of the II Semester curriculum. Such notice for attending internship was issued only two days before the scheduled date. It was not possible to attend the internship, at the time of lockdown. More over, the students have not allowed to stay in the university hostel. Therefore, the students including the petitioner went on a sit-in protest against the arbitrary action of the Head of the Department (HOD). Subsequently, the issue was pacified by the Management.

3.During February, 2021, when the 3rd semester results were published and the students were informed to call Thiru.M.Mani, Section Officer over phone individually to know their marks. It came to know that 8 students, who raised questions against the internship issue and who also participated in the sit-in protest against the arbitrary action of the HOD were not granted with permission letter to stay in the hostel and the disproportionate hostel fees were intentionally failed.

4.According to the petitioner, she got pass marks in the 3rd semester exams, but was granted very low marks in both internal and external exams. Students, who failed in the exams, were very confident that they would surely get goods marks, if the answer scripts were evaluated properly. All the students including the petitioner gave a representation to the Registrar for revaluation of the internal and external papers by the third party evaluator, since the HOD hails grudge over the students, for which, the students against conducted a protest and thereafter, the request was accepted by the University. After re-evaluation of the external papers in 3 subjects for all 26 students, it was found that the eight students including the petitioner, who were intentionally failed, got good marks and they have passed.

5.According to the petitioner, she along with few other students went to the HoD room to know their both internal and external marks. The HoD abused the students by using filthy language and he also sexually harassed the petitioner physically in front of other staff members. Therefore, the petitioner lodged a written complaint regarding the sexual harrasment before the Sexual Harassment Redressal Committee, University of Madras on 17.03.2021 and on the same day, the Registrar served a letter to the petitioner calling to attend a general enquiry committee meeting scheduled on 18.03.2021 before the Internal Complaints Committee (ICC).

6.On 18.03.2021, the petitioner attended the enquiry before the ICC and thereafter, the petitioner sent a letter to the 4th respondent requested for a fresh ICC. Again on 20.03.2021, the Registrar issued notice to the petitioner, witnesses and the HoD to appear before the ICC. But, on the same day, suspension order was issued by the 5th respondent to the petitioner and the witnesses and therefore, sit-in protest was continued. On 22.04.2021, the petitioner and the witnesses were forcibly vacated from the University campus with the help of the Police personnel. Thereafter, the said complaint was forwarded to DGP and Women's Commission on 27.03.2021 and 30.03.2021 respectively. On 26.03.2021, the Registrar issued an offer of revocation of suspension to the petitioner and the witnesses, subject to certain conditions. The petitioner accepted t