The petitioner, a student at Tata Institute of Social Sciences (TISS), was rusticated due to a social media post targeting the Dean and Internship Coordinator. She challenged this rustication, leading to multiple legal proceedings. The court found that the Appellate Authority exceeded its jurisdiction by considering unrelated sexual harassment allegations and directed the Authority to reconsider the appeal solely based on the social media post issue.

1. Introduction:

• Rule made returnable and parties heard.

2. Petitioner's Grievance:

• Petitioner challenged the order dated 23rd December 2023 by TISS’s Appellate Authority regarding her rustication communicated on 3rd November 2022.

3. Background:

• Enrolled in a Hospital Management Course at TISS.
• Accused of a social media post targeting the Dean and Internship Coordinator.
• Three Member Enquiry Committee recommended rustication.

4. Legal Proceedings:

• Petitioner filed a Writ Petition (Lodging) No.35412 of 2022.
• Directed to appeal to the Appellate Authority, submitting an undertaking-cum-apology.

5. Appellate Authority's Actions:

• Reaffirmed rustication on 16th December 2022.
• Petitioner filed another Writ Petition (Lodging) No.39728 of 2022.
• Court directed Appellate Authority to reconsider.

6. Petitioner's Argument:

• Appellate Authority exceeded scope by considering unrelated sexual harassment allegations.
• Apology for the social media post should have sufficed.

7. Respondent's Argument:

• Supported the Appellate Authority’s decision.
• Petitioner admitted the sexual harassment complaint was false.

8. Court's Analysis:

• Appellate Authority exceeded its jurisdiction.
• Sexual harassment complaint was separate and unrelated.

9. Previous Court Observations:

• Emphasized magnanimity and dispassionate view from the Appellate Authority.

10. Separation of Issues:

• Sexual harassment complaint and rustication should be independently considered.

11. Remand for Reconsideration:

• Appellate Authority to focus only on the rustication appeal.
• Directed to decide within six weeks, considering previous court observations.

12. Court's Order:

• Report dated 23rd December 2023 quashed.
• Appellate Authority to reconsider rustication appeal independently.
• Sexual harassment complaint to be decided separately.

13. Conclusion:

• Rule made absolute with costs.