Mumbai News: SHRC Dismisses Former Director Dr Dhanraj Mane’s Defamation Complaint, Says Matter Beyond Its Jurisdiction

Mumbai, Dec 29: The State Human Rights Commission (SHRC) has dismissed a complaint filed by Dr Dhanraj Mane, former Director of Higher Education, in which he had sought action against the Principal Secretary of the Higher Education Department, the Medical Board of Sir J.J. Group of Hospitals, and certain student organisations for allegedly defaming him.

Allegations Of Being Projected As Visually Disabled

Dr Mane contended that some student organisations and sections of the media had allegedly projected him as a person with visual disability, which, according to him, led to his transfer from the post of Director, Higher Education, to another equivalent position.

Following this, a supernumerary post equivalent to the rank of Director was created for Dr Mane in the same department, in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016.

Defamation Plea Moved Through Representative

Terming these developments as defamatory, Dr Mane, through his complainant Dr Abhishek Haridas, approached the SHRC seeking relief.

Parallel Proceedings Before Bombay High Court

Parallelly, Dr Mane had also filed a writ petition in the Bombay High Court in 2024, seeking a writ of mandamus. In the petition, he had challenged the Government Resolutions dated November 16, 2022, and December 23, 2022, which notified the post of Director, National Education Policy, as suitable for persons with visual disability under the Rights of Persons with Disabilities Act, 2016, and led to his appointment to that position. He had further sought directions for his reinstatement to his original post of Director, Higher Education, Maharashtra State, Pune.

High Court Disposes Of Writ Petition

The Bombay High Court, in its order dated July 25, disposed of the writ petition, observing that no exceptional grounds were made out for entertaining the plea. The court declined to go into the merits of the matter but granted liberty to Dr Mane to approach the appropriate tribunal for redressal.

High Court Observations Placed Before SHRC

These observations of the High Court were placed before the SHRC. In an affidavit filed by the State on October 14, it was submitted that the writ petition had already been disposed of by the High Court with liberty to Dr Mane to approach the Maharashtra Administrative Tribunal (MAT), and that the matter was now pending before the MAT.

SHRC Says Defamation Outside Its Scope

Addressing the defamation allegations, the SHRC noted that such issues do not fall within its jurisdiction. “So far as the allegations of defamation are concerned, the said subject does not come within the purview of this Commission. The complainant is at liberty to move before the appropriate forum for redressal of his grievances,” the Commission observed.

Complaint Dismissed At Threshold

The SHRC further held that since the matter was sub judice before the Maharashtra Administrative Tribunal and the allegations of defamation were beyond its scope, it had no jurisdiction to entertain the complaint.

Citing Regulation 12(i), which bars consideration of matters pending before a court or tribunal, and Regulation 12(l), which excludes matters outside the Commission’s purview, the SHRC dismissed the complaint at the threshold and closed the case.

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Medical Unfitness Recorded In 2022

It may be noted that in 2022, Dr Mane was declared medically unfit to perform the duties of Director, Higher Education. A medical examination had recorded that he was allegedly blind in the right eye and had very poor vision in the left eye, described as severe tunnel vision, rendering him unfit to discharge the responsibilities of the post.

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