HC stays charge memo issued to Asst Prof

The Madras High Court has granted interim stay on a 'charge memo' issued by a local college to an Assistant Professor and directed it to forward her application to the Directorate of Collegiate Education to go abroad for treatment.
The matter relates to a petition filed by Associate Professor Ordetta Manna Mendoza of Stella Maris College who was served with a 'charge memo' on January 24 this year for allegedly not awarding marks properly to students in Botany practical exam held on October 28/29, 2014 and being very strict in its correction.
The petitioner said she attended a departmental inquiry initiated by the college and submitted that if it was not satisfied with the evaluation it was free to to appoint anybody else for evaluation.

As the inquiry was pending, she filed an application before college authorities to permit her to go to USA for treatment. This was rejected by the college stating that as the inquiry was pending, she cannot be permitted to go abroad, the petitoner said.
The petitioner said she approached the High Court to grant stay on the 'charge memo' and direct the college to forward her application to the authorities to go to abroad for treatment.
Justice D Hariparanthaman, who stayed the 'charge memo', in his order, said that "considering the facts and circumstances, there shall be an order of interim stay."

"For being strict in evaluation, one cannot be punished and there could be variation in the awarding of marks."

With regard to denial of permission to go abroad, the judge said since the college was on summer vacation from April 25 to June 6, the disciplinary proceedings also could be kept pending during the summer vacation and the same could be continued after re-opening of the college.
"In my view, the college is not correct in refusing to forward the application to the Director of Collegiate Education seeking permission to travel to USA during this summer vacation," the judge said.

".. An interim direction is issued to the college to forward the application to Director of Collegiate Education for sanctioning permission to go abroad forthwith," the judge added.