The Orissa High Court has granted an interim stay on the ongoing proceedings initiated by the National Human Rights Commission (NHRC) against Kalinga Institute of Industrial Technology (KIIT) University. This action is in connection with the alleged suicide of a female undergraduate student from Nepal in February 2025.
“When orders are passed by quasi-judicial authorities, adherence to the principles of natural justice is not a mere formality but a foundational requirement.”
— Justice Dr. S.K. Panigrahi, Orissa High Court
The Court emphasized that no notice or chance to be heard was given to KIIT before the NHRC passed its ex parte order on March 27, 2025. As a result, all further proceedings in the matter (Case No.134/18/28/2025-WC) have been stayed until the next hearing on April 29, 2025.
Background
On March 12, 2024, the deceased student filed a complaint with KIIT's International Relations Officer (IRO), accusing her male friend of sharing objectionable private photographs. The matter was referred to the Disciplinary Committee, which asked the accused to delete all such photos. The issue was resolved amicably, and the accused assured the university that the images had been deleted. The girl accepted this resolution and requested not to pursue the matter further.
Due to the sensitive and personal nature of the complaint, and her unwillingness to escalate it, the IRO did not report it to either the Internal Complaints Committee or the local police.
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On January 25, 2025, another disagreement occurred between the student and the accused, leading to a counseling session. Both parties agreed in writing to cease all contact. However, further disputes continued, and during one such instance, the girl’s brother also became involved.
On January 29, 2025, her brother gave a written assurance not to engage or threaten the accused. The deceased also gave a verbal assurance that she had no further grievances.
Tragically, on February 16, 2025, the student was found hanging in her hostel room. An FIR was lodged, and the accused was arrested on February 17, 2025. He has remained in custody since then.
The NHRC took suo moto cognizance of the incident on March 3, 2025, and formed a fact-finding committee. The committee, which included senior officers from the NHRC’s Investigation Division and Law Division, visited KIIT from March 6 to March 8 and submitted its report.
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“Although the NHRC undertook an inquiry and prepared a report, the report and its findings were not shared with the University before passing the ex parte order.”
— Senior Advocate C.S. Vaidyanathan for KIIT University
The NHRC passed its order on March 27, 2025, without allowing KIIT to present its side. According to Section 16 of the Protection of Human Rights Act, 1993, any person likely to be affected must be given a fair opportunity to be heard during an inquiry. KIIT argued that this fundamental requirement was not met.
Senior Advocate C.S. Vaidyanathan also pointed out that the Supreme Court has acknowledged this case along with other student suicide cases across India. In the case of Amit Kumar v. Union of India (2025 SCC OnLine SC 631), the apex court has constituted a National Task Force chaired by former Supreme Court judge, Justice S. Ravindra Bhat, to investigate student suicides in educational institutions.
“In light of the Supreme Court’s involvement through a Task Force under Article 142, the NHRC ought to have exercised restraint.”
— C.S. Vaidyanathan, Sr. Advocate for KIIT
As the Task Force is examining the issue on a national scale, KIIT contended that NHRC’s unilateral action was inappropriate and premature.
The Orissa High Court observed that the absence of notice and denial of a hearing compromised the fairness of the NHRC's process. Therefore, the Court issued a stay on the NHRC proceedings and barred any further action based on the March 27 order until the next hearing.
“The absence of notice or the denial of an opportunity to be heard renders such exercise susceptible to challenge and impairs the fairness of the process.”
— Orissa High Court
This stay order also prevents the NHRC and related parties from taking any new steps until the Court revisits the matter on April 29, 2025.
Case Title: Kalinga Institute of Industrial Technology, Bhubaneswar & Anr. v. National Human Rights Commission, New Delhi & Ors.
Case No: W.P.(C) No. 9556 of 2025
Counsel for the Petitioners: Mr. C.S. Vaidyanathan, Sr. Adv. along with associates; Mr. Prafulla Kumar Rath, Sr. Adv. along with associates; Mr. Shibashish Misra, Advocate
Counsel for the Respondents: Mr. Prabhu Prasanna Behera, Addl. Standing Counsel for the State
