Bombay High Court Sets Aside Decision of TISS Rusticating Student For Social Media Post

The Bombay High Court has recently granted relief to a student of Tata Institute of Social Sciences (TISS) for her social media post against a senior official of the institute.

The division bench of the high court, comprising Justice AS Chandurkar and Justice Rajesh Patil, quashed the decision of TISS which had rejected the petitioner’s appeal against the communication rusticating her from the college.

It was alleged by TISS that the petitioner, who was enrolled in a two-year course, had made a social media post targeting officials of TISS along with her husband. A committee of TISS inquired into the complaint against the petitioner and decided to rusticate her.

The petitioner approached the high court, which asked the committee to consider her apology and review its decision. Upon review, the committee maintained that the matter was serious and upheld the rustication. The petitioner then challenged the rustication in the high court.

The high court, upon hearing the case, granted relief to the petitioner and quashed TISS's decision to reject her appeal against the rustication.

The court emphasized the need for a balanced and fair approach, considering the petitioner's apology and the circumstances surrounding the social media post.

The high court directed TISS to constitute an appellate authority to decide the appeal of the petitioner. The appellate authority found that the petitioner had made a frivolous sexual harassment allegation against a senior professor

Advocate Gauri R. Raghuwanshi, appearing for the petitioner, submitted that the appellate authority had wrongfully expanded the scope of the appeal by considering the sexual harassment complaint.

She added that despite the apology, the scope of the appeal was expanded, causing prejudice to the petitioner.

Advocate Rajeev Kumar Pandey, appearing for TISS, submitted that the petitioner had in clear terms admitted that her complaint alleging sexual harassment was false and frivolous.

He added that the conduct of the petitioner left much to be desired and it was clear that she was bent upon tarnishing the image of the Institution.

The high court quashed the decision of TISS and directed the appellate authority to decide the appeal within six months and confine itself to the subject matter of the appeal.

Case title: Dr. Marufa Mazhar Faruqi vs TISS & Anr