The Madras High Court has refused to vacate stay on disciplinary proceedings initiated by a local college against a woman associate professor but granted her 'deemed permission' to travel to the US for treatment.
Justice D Hariparanthaman, passing orders in the case relating to Stella Mary's College Botany department Associate Professor, Ordetta Hanna Mendoza, said "the crux of the impugned order is that since she is facing departmental proceedings, she cannot travel abroad."
"As stated earlier, even a criminal has a right to go abroad and, as such, a professor cannot be prevented from travelling abroad citing pending departmental proceedings as a reason, that too during summer vacation," the judge said.
Mendoza was issued a 'charge memo' for being 'strict' with students during a practical examination. When she submitted a request asking the college to forward her application for permission to travel abroad, the college refused.
When she gave a reminder, the application was rejected on the ground that since she was facing an inquiry she could not be allowed to travel abroad.
Justice Hariparanthaman had earlier granted her interim relief asking the college to forward her application to the Directorate of Collegiate Education for appropriate orders. Later, the college moved the court to vacate the interim order, saying it was the college and not the Directorate which is competent to grant permission.
Rejecting the submissions, Justice Hariparanthaman cited some Supreme Court and High Court judgments and said "she is not a criminal. She is a Professor rendering service in the college for the past 30 years."
Quashing the March 30 order of the college rejecting her application to travel abroad, the judge then gave her 'deemed permission' to travel abroad to the US for medical treatment.
