IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

W.P.No.10341 of 2021

and

WMP.Nos.10923, 10925 & 10927 of 2021

U.Mohana Sundari

… Petitioner

Vs.

1. Government of Tamil Nadu

Rep. by the Chief Secretary,

Fort St. George,

Chennai 600 009.

2 The District Collector

Fourth Floor, M. Singaravelar Maaligai,

62 Rajaji Salai , Chennai Collectorate,

Chennai 600 001.

3 University Grants Commission

Rep. by its Chairman

New Delhi.

4 The Vice - Chancellore,

Madras University,

Chepauk, Chennai 600 005.

5 The Madras University,

Rep. by its Registrar,

Chepauk, Chennai 600 005.

6. Womens' Sexual Harassment Redressal Cell,

Rep. by its Chairperson, Madras University,

Chepauk, Chennai 600 005.

… Respondents

Prayer: Writ petition filed under Article 226 of the

Constitution of India, praying for the issuance of Writ of

Declaration declaring the proceedings of the Internal complaints

Committee and its report if any as null and void and

consequently direct the 2nd 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 sec.26 of the sexual Harassment of

Women at workplace (prevention Prohibition and Redressal) Act

2013 award costs.

For Petitioners

: M/s.M.N.Sumathy

https://hcservices.ecourts.gov.in/hcservices/

For Respondents

: M/s.C.Sangamithirai R1 & R2

Spl. Government Pleader

Mrs.R.Sudha

R4 to R6

Standing Counsel

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 Universi