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IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. Singh, J.
Prof. Dr. K.S. Anil Kumar – Petitioner
Versus
State Of Kerala Represented By Its Principal Secretary, Higher Education Department And Ors. – Respondents
WP(C) NO. 24724 OF 2025
Decided On : 07-07-2025
| Table of Content |
|---|
| 1. syndicate revoked the suspension. (Para 2) |
| 2. court refrains from commenting on syndicate's decision. (Para 3) |
JUDGMENT :
D. K. Singh, J.
The present writ petition has been filed by the petitioner, who happens to be the Registrar of the University of Kerala, against the suspension order in Ext.P11 dated 02.07.2025 issued by the Vice Chancellor of the University of Kerala. The following prayers have been made in the writ petition:
“(i) to issue a writ of certiorari calling for the records leading to Ext.P11 and quash the same;
(ii) to issue a writ of mandamus, or any other appropriate writ, order or direction directing the Syndicate of the University to allow the petitioner to continue in service;
(iii) to declare that Ext.P11 order issued by the 4th respondent is without any authority of law and is void and non-est ;
iv) to issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”
2. It appears that the Syndicate has revoked the suspension order passed by the Vice Chancellor. Therefore, the petitioner wants to withdraw this writ petition.
3. Whether the decision of the Syndicate of the University is just, proper, legal and valid has to be decided by the appropriate authority/forum. As the said decision of the Syndicate is not the subject matter of challenge in this writ petition, this Court would not like to comment on the functions and powers of the Syndicate. As the petitioner wants to withdraw this writ petition, the writ petition is dismissed as withdrawn. The decision of the Syndicate shall be considered and adjudicated by the appropriate authority if the same is challenged before the appropriate authority.
The writ petition stands dismissed as withdrawn.
The court upheld the petitioner's choice to withdraw the writ due to the revocation of the suspension, emphasizing that the merits of the Syndicate's decision are to be adjudicated by the appropriate....
The Vice Chancellor's authority to suspend a university Registrar is subject to the Syndicate's jurisdiction, and any meeting lacking proper convening procedures renders decisions invalid.
A quasi-judicial authority forming part of a statutory body corporate cannot challenge the appellate order of the Chancellor, its head and superior authority, except in cases of patent illegality or ....
A recommendation by the Syndicate does not equate to a formal decision for extending the tenure of a Registrar, and the Chancellor's authority must be adhered to as per statutory provisions.
The Vice-Chancellor of a university has the authority to suspend and take disciplinary action against officers, including the Registrar, as per the Bihar State University Act, 1976.
University cannot insist as to how the representatives are required to be elected by the petitioner who will be the members of the Syndicate as per Section 22(1)(f) of the Act, 1955. It is for the pe....
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