Kerala High Court
Fathima A vs Co-Operative Academy Of Professional ... on 8 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:95084
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 8TH DAY OF DECEMBER 2025/17TH AGRAHAYANA, 1947
WP(C) NO. 37586 OF 2025
PETITIONER:
FATHIMA A.,
AGED 48 YEARS,
W/O RUSTOM M, NIZA NIVAS,
PUTHUKKADU P.O, MUKUNDAPURAM, CHAVARA,
KOLLAM DISTRICT, PIN - 691585
BY ADVS.
SRI.MANAS P HAMEED
SMT.IPSITA OJAL
SMT.LAYA SIMON
RESPONDENTS:
1 CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION
ESTABLISHED BY THE GOVERNMENT OF KERALA,
COLLEGE OF ENGINEERING MUTTATHARA CAMPUS,
ST.SEBASTIAN CHURCH ROAD, VALLAKKADAVU P.O,
THIRUVANANTHAPURAM, PIN - 695008
2 THE DIRECTOR,
CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION,
ESTABLISHED BY THE GOVERNMENT OF KERALA,
COLLEGE OF ENGINEERING MUTTATHARA CAMPUS,
ST.SEBASTIAN CHURCH ROAD,
VALLAKKADAVU P.O,
THIRUVANANTHAPURAM, PIN - 695008
3 THE PRINCIPAL,
COLLEGE OF ENGINEERING VADAKARA,
KURUNTHODI, MANDARATHUR P.O, VADAKARA,
KOZHIKODE, PIN - 673105
2025:KER:95084
W.P.(C) No.37586/2025
:2:
4 SEETHAL RAMESH,
C/O RAMESH, MAVULLATHIL HOUSE, THURAYUR,
PAYYOLI ANGADI, KOZHIKODE, PIN - 673523
5 ANUSHA DEV A.,
C/O NISHA K P, KAKKUZHIPARAMBATH,
MEPPAYIL P.O,VADAKARA,
KOZHIKODE, PIN - 673104
6 NASARI K.,
C/O KUNHABDULLA, PARAMBATH HOUSE,
KURUKKILAD P.O, VADAKARA,
KOZHIKODE, PIN - 673104
7 RIVYA T.T.,
C/O BABU T T, THAZHE THOTTATHIL,
CHOMBALA P.O, VADAKARA,
KOZHIKODE, PIN - 673308
8 ARCHANA PRAKASH,
C/O PRAKASH K, ARCHANA, MUTTUNGAL P.O,
VADAKARA, KOZHIKODE DISTRICT, PIN - 673106
BY ADV.
SRI.M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:95084
W.P.(C) No.37586/2025
:3:
JUDGMENT
Dated this the 8th day of December, 2025 The petitioner is working as an Assistant Professor at the College of Engineering and Management, Punnapra, under the 1st respondent. The petitioner is a committed academician with 17 years of teaching experience. She has been working under the 1st respondent for around 12 years. She has shouldered several key responsibilities, such as Grievance Cell, Women's Cell, Internal Complaints Committee, and Gender Justice Committee, which reflects the trust and confidence reposed in her by the Institution.
2. While discharging her duty as Head of Department and Chairperson of the Project Assessment Board for the MCA- 4th Semester batch, she along with other Board members, evaluated projects in a fair and impartial manner. However, out of a total of 59 students, four students, each with 2025:KER:95084 W.P.(C) No.37586/2025 :4: a history of repeated failures in several subjects, lodged complaints before the 1st respondent by email, alleging partiality. The timing and similarity of the complaints clearly indicate that they were motivated and orchestrated with mala fide intent to tarnish the reputation of the petitioner.
3. Without affording the petitioner an opportunity to explain her version, the 2nd and 3rd respondents rushed to act on these complaints, issuing stigmatic directions suggesting "counselling" on professional behaviour and neutrality, resulting in serious prejudice, humiliation and loss of dignity for the petitioner. The enquiry report and the impugned observations against the petitioner were made in just one day. Pained and distressed, the petitioner was compelled to resign from her post as HoD.
4. The remarks against the petitioner in Ext.P7 have the potential to cause lasting prejudice to the petitioner's service and professional reputation. Any such observation 2025:KER:95084 W.P.(C) No.37586/2025 :5: made without hearing the affected party cannot be used to her detriment, contended the petitioner.
5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
6. The pleadings would indicate that certain students filed complaints alleging discriminatory approach of the petitioner. There were five written complaints. The students alleged that they faced partiality and unprofessional behaviour from the Project Committee Co-ordinators, who are the petitioner and another Smt.Rajalakshmi K.D.
7. Principal of the College seems to have sent a letter to the Director of Co-operative Academy of Professional Education stating that he has addressed the issue and found that the petitioner's action led to more complications and complaints. Some of the students fear that they will be victimised during final project evaluation (external) and 2025:KER:95084 W.P.(C) No.37586/2025 :6: comprehensive viva for reviewing the facts and filing complaints.
8. It is seen that the Co-operative Academy of Professional Education issued Ext.P7 communication to the Principal, wherein urgent directions and guidelines were issued for strict compliance. Among those directions, one direction is to the effect that faculty involved in the controversy should be counselled regarding expected standards of professional behaviour, neutrality and ethical conduct in academic evaluation. It is this direction which is offending, contends the petitioner.
9. According to the petitioner, the petitioner was not given an opportunity to explain the circumstances under which the complaints arose. Without hearing the side of the petitioner and considering the defence of the petitioner, directing the Principal to subject the petitioner to a counselling is arbitrary and unwarranted.
2025:KER:95084 W.P.(C) No.37586/2025 :7:
10. From the pleadings and arguments, I find that the allocation of the marks in the Viva Voce examination in question is over and the students are stated to have cleared the examination. Furthermore, the petitioner has been transferred to College of Engineering, Punnapra.
11. In the afore circumstances and subsequent developments, I am of the view that the direction to subject the petitioner to counselling regarding professional standards of professional behaviour may not require at this stage.
Accordingly, the writ petition is disposed of setting aside Clause 7 of Ext.P7. It is made clear that this will not preclude the 1st respondent in subjecting the petitioner or any other Teacher to Counselling for Professional Conduct, if found necessary at a future date.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:95084 W.P.(C) No.37586/2025 :8: APPENDIX OF WP(C) NO. 37586 OF 2025 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE EMAIL DATED 24.04.2025 AT 4:28 A.M. SENT BY MS.
SEETHAL RAMESH Exhibit P2 A TRUE COPY OF THE EMAIL DATED 24.04.2025 AT 4:17 A.M. SENT BY MS.
ANUSHA DEV Exhibit P3 A TRUE COPY OF THE EMAIL SENT BY MS.
NASARI K ON 24.04.2025 AT 4:33 A.M. Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 24.04.2025 BY MS.RIVYA TT Exhibit P5 A TRUE COPY OF THE LETTER DATED 30.04.2025 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT Exhibit P6 A TRUE COPY OF THE LETTER DATED 02.05.2025 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE LETTER DATED 02.05.2025 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT Exhibit P8 A TRUE COPY OF THE EMAIL DATED 05.05.2025 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE EMAIL DATED 08.05.2025 SENT BY THE PETITIONER TO THE CHAIRMAN, STAFF GRIEVANCE REDRESSAL CELL Exhibit P10 A TRUE COPY OF THE EMAIL DATED 14.05.2025 SENT BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P11 A TRUE COPY OF THE STUDENTS GRIEVANCE REDRESSAL COMMITTEE REPORT DATED 10.06.2025 Exhibit P12 A TRUE COPY OF THE LIST OF STUDENTS WITH REGISTER NUMBER AND FAILED SUBJECTS FURNISHED BY COLLEGE OF ENGINEERING, VATAKARA 2025:KER:95084 W.P.(C) No.37586/2025 :9: RESPONDENTS' EXHIBITS:
Exhibit R2(a) A true copy of the letter of the 3rd respondent dated 27.10.2025.
Exhibit R2(b) A true copy of the Statement of facts submitted by the 3rd respondent. Exhibit R2(c) A true copy of the emails dated 24.04.2025 of the 3rd respondent.
Exhibit R2(d) A true copy of the petitioners transfer order.
PETITIONER'S EXHIBITS:
Exhibit P13 A screenshot of the WhatsApp group titled 'CEV Council,' in which the Principal publicly posted the impugned proceedings and which includes teachers and staff members as its participants.