Delhi HC Rejects Challenge to Kalindi College POSH Panel; Orders Fresh Inquiry in 90 Days
Delhi High Court rejects plea against Kalindi College's new POSH panel and orders the sexual harassment inquiry to be finished in 90 days.
The Delhi High Court has dismissed a petition filed by two associate professors from Delhi University’s Kalindi College who were challenging the formation of a new Internal Committee (IC) tasked with investigating their sexual harassment complaint. While the court rejected the professors' claims of bias, it expressed concern over the delay in the proceedings and ordered that the inquiry be completed within a strict timeframe.
Court Rejects Bias Claims
Justice Swarana Kanta Sharma ruled that the petitioners failed to provide "cogent material" to prove a real likelihood of bias within the newly constituted committee. The court emphasized that the existing statutory framework for handling sexual harassment complaints does not allow the Vice-Chancellor to create a separate university-level committee for complaints that originate within a constituent college. Instead, such inquiries must be conducted by the Internal Committee established under the applicable law.
Given that the complaint has been pending for over 15 months, the court has directed the current committee to strive to conclude the investigation within 90 days from the date they receive a copy of the judgment.
The Origins of the Dispute
The case began when two professors from the Zoology and Political Science departments filed a joint complaint on July 7, 2025. They alleged that four faculty members had subjected them to harassment, intimidation, and derogatory remarks of a sexual nature. These incidents reportedly occurred during a staff association meeting on July 3, 2025, and through exchanges in a WhatsApp group.
A significant point of contention was the allegation that a member of the original Internal Complaints Committee had deleted a message sent by one of the accused individuals in the WhatsApp group, potentially tampering with evidence.
A History of Contested Findings
The initial inquiry concluded on September 19, 2025, with the committee ruling that the allegations were "not sexual in nature." This report was later accepted by the college's Governing Body on January 22, 2026. However, the complainants challenged this outcome, arguing that the committee was not impartial and that a member involved in the events under investigation had participated in the probe.
Following a directive from the High Court in May 2026, the Vice-Chancellor reviewed the appeal independently. On July 16, the Vice-Chancellor determined that:
- The participation of a member named in the events created a reasonable apprehension of bias.
- There was a failure to comply with University Grants Commission (UGC) 2015 Regulations regarding the appointment of an external member.
The New Committee Structure
Following the Vice-Chancellor's order to set aside the previous findings and conduct a fresh, impartial investigation, the college principal formed a new Internal Committee on July 28. To ensure neutrality, the college ensured that no members from the previous committee were included.
The new panel consists of:
- A woman faculty member serving as the presiding officer.
- Two faculty members.
- Two non-teaching employees.
- A professor of law from Delhi University’s Faculty of Law acting as the external member.
Despite these changes, the complainants approached the High Court once more, questioning the Vice-Chancellor's decision and the method of the committee's formation, leading to the current judgment.
Note: In accordance with Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the identities of the complainants have remained confidential in the court's judgment.