The Allahabad High Court recently ordered a judicial probe into the allegations of caste-based harassment and discrimination by a faculty member at the Dr. Rajendra Prasad National Law University, Prayagraj (RPNLU) [Shubhendu Anand And Another v State of UP And 5 Others].
Justice Vinod Diwakar appointed Judge of Small Causes Court Archana Singh and Chief Judicial Magistrate Arun Kumar Yadava to conduct the inquiry into the allegations levelled by a BA LLB (Hons.) student.
The allegations have been levelled against Dr Deepak Sharma, the Head of the Department of Law and Warden of the Boys' Hostel.
In the order passed on September 16, the Court observed that the allegations are serious in nature and required to be examined in an impartial manner after affording a full opportunity of hearing to the accused academic.
"The objective of the inquiry shall be to ascertain whether students belonging to the Scheduled Castes, the Scheduled Tribes have been subjected to caste-based humiliation or discrimination by respondent no. 6, or by any other person employed in or working for gain in the University, and whether the complaints made in that behalf were dealt with by the University in accordance with the applicable regulations," the Court said.
The Court also directed that all measures shall be taken to protect the identity of any student who deposes before the inquiry officers.
The inquiry has been ordered to be completed before September 24. The Court said that the inquiry report shall be submitted in a sealed cover.
The Court also ordered that Dr Sharma shall be relieved henceforth from all administrative responsibilities till the completion of the enquiry. However, the Court made it clear that it had not recorded any finding against him or any other person.
The Court passed the order on a petition moved by a PhD scholar along with the victim student. It was submitted that the student had earlier filed a complaint with the Vice Chancellor but no action was taken against Dr Sharma despite repeated reminders.
The complaint filed on August 20 alleged that Sharma, who belongs to an "upper caste" community, resorted to a stricter evaluation of the student's answer sheets due to his caste. The accused is also alleged to have made comments on multiple occasions regarding the student's caste and the reservation benefits availed by him.
Considering the complaint, the Court directed the Vice Chancellor to constitute an independent committee to re-evaluate the answer sheets of the student in the subjects taught and evaluated by the accused in the fifth semester.
"The Committee shall complete the exercise and submit its report to the Vice-Chancellor within one week, and the Vice-Chancellor shall place the report before this Court on the next date of hearing," the Court directed.
The Court also directed the VC to ensure that neither of the petitioners are subjected to any adverse consequence, academic or administrative, for approaching the High Court inthe matter or for any statement made in the course of the inquiry.
Further, the Court directed that Dr Sharma shall not be assigned any role in the evaluation of the answer scripts of the petitioner-student, or in any disciplinary or hostel-related matter concerning either petitioner.
Advocate Shivam Agarwal represented the petitioners.
Advocate Gaurav Tripathi represented the respondents.
Senior Advocate Prabhakar Awasthi appeared for Dr. Deepak Sharma.
[Read Order]