Back
Karnataka High Court Restores Suspension of Professor Accused of Repeated Sexual Harassment of Students
The has delivered a scathing judgment, setting aside the revocation of a suspension order for an Associate Professor accused of sexual harassment. The Division Bench, led by Hon'ble Mr. Justice D K Singh and Hon'ble Mr. Justice T. M. Nadaf, emphasized that authorities have a mandatory duty to protect the dignity and safety of students in academic institutions.
A Pattern of Abuse
The case concerns Dr. Ashwin Hebbar, an Associate Professor at the . The court detailed a history of misconduct, beginning with a complaint from an intern and followed by a second, grave complaint in from a second-year postgraduate student. In the latter incident, the student alleged that the professor sexually harassed her during a department-hosted party. Despite an report confirming the veracity of the allegations and an ongoing criminal investigation, the professor’s suspension was revoked in by the .
Institutional Failure
The court expressed deep frustration with the administrative handling of the case. It was revealed that the Director of SIMS, Dr. Virupakshappa V, and the Principal Secretary, Mohammed Mohsin, had actively recommended the professor’s reinstatement, citing his professional utility and "surgical skills" while conspicuously omitting references to the sexual misconduct charges. The Bench noted that the professor appeared to be a "well-connected and powerful person" who had successfully lobbied political entities to secure his return to work.
The Bench’s Legal Analysis
The High Court held that the revocation of the suspension was entirely improper. It clarified that technicalities—such as the absence of a governing council resolution for transfer or the completion of a six-month threshold—should not serve as shields for delinquent government servants facing charges of sexual abuse. Relying on established principles from the , the Bench asserted that misplaced sympathy for a superior officer is "wholly misplaced" in cases involving the molestation of junior subordinates.
Key Observations
The judgment is marked by strong judicial admonition regarding the sanctity of the educator-student relationship:
-
"Dr. Ashwin Hebbar is a wolf in white coat. He must be proceeded not only with the pending expeditiously, but also by the and if found guilty, his license should be cancelled."
-
"The Director as well as the Principal Secretary, have been totally insensitive to the honour, dignity, humiliation, harassment and sexual abuse suffered by the students."
-
"A teacher who has been found guilty of sexually harassing/molesting his own student cannot remain in the same institution and this would add salt to the injury of the victim."
Final Ruling and Implications
The High Court ordered the immediate cancellation of the order revoking the professor's suspension, mandating that he remain suspended until the conclusion of the disciplinary inquiry. Furthermore, the court directed the to initiate formal against Dr. Virupakshappa V and requested the to take appropriate action against Mohammed Mohsin, IAS. By explicitly forwarding the judgment to the , the court has paved the way for potential revocation of the professor's medical license, sending a clear message that administrative convenience cannot supersede the of female students to a safe learning environment.
