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Justice SM Subramaniam of Madras High Court has directed an all-women police station at Madurai, Tamil Nadu to register an FIR against a Head Master of a school for sexually harassing two teachers.

The direction was passed in a plea where the Headmaster of the institution, Joseph Jeyaseelan, challenged the cancellation of deputation of two women teachers by the District Educational Officer, Thallakulam, Madurai District on March 2, 2022.

The counsel for Joseph Jeyaseelan argued that deputation which was made for the benefit of the school was cancelled on earlier occasions also.

The Additional Advocate General (AAG) appearing for the State, submitted that the deputation was cancelled because there were serious allegations of sexual harassment against Joseph Jeyaseelan and frequent complaints were being received by the educational authorities.

He further submitted that the teachers whose transfer has been impugned submitted letters to the competent educational authorities in respect of the sexual harassment made against them.

The AAG submitted that Block Educational Officer-II, Madurai, had submitted a report based on which the deputation was cancelled.

The Court on hearing the parties noted that the “impugned orders impugned orders themselves revealed that the deputed teachers were serving in the school with great difficulties and Joseph Jeyaseelan has given continuous harassment to the teachers.”

The Court further noted that “considering the mental agony caused to the teachers and that they were posted in some other school, such an order is under challenge.”

The Court also questioned as to why the teachers were impleaded in the writ petition, since the appropriate remedy for the Headmaster would be to request the Department to depute the other teachers to run the school administration peacefully.

It said in this regard, “Instead of making a request to the Educational Authorities to fill up the posts, the petitioner has gone to the extent of impleading the women teachers in the writ petition, who have given complaints of sexual harassment against the writ petitioner.”

It then held that it “cannot tolerate such activities of the Headmaster in educational institution" and actions are certainly warranted.

It however added that it cannot form an opinion at this stage regarding the allegations made.

It expressed that it is shocking to the that in an educational institution such occurrences are frequently happening and "in the event of any inaction, the persons who are all responsible will make an attempt to escape from the clutches of law."

It expounded that here, it is the constitutional duty of the High Court to go to any extent and ensure complete justice to the parties concerned.

It therefore directed the District Educational Officer to constitute an Internal Complaints Committee under Section 4 of Women Harassment Act and conduct an enquiry in respect of sexual harassment in the workplace with reference to the case in hand, and further held that as there is no bar for continuance of enquiry by the Internal Complaints Committee even during the pendency of the criminal case under other penal laws.

Noting thus, it directed the enquiry by the Internal Complaints Committee to continue as well.

While directing the all-women Police Station to register an FIR against Joseph Jeyaseelan, it also directed the authorities to submit the same before the Court on March 14.

Cause Title: Joseph Jeyaseelan vs Director of Elementary Education