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2025 Supreme(Ker) 2862

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J.
K.S. Anilkumar S/o Karunakaran Nair – Appellant
Versus
The University of Kerala – Respondent
WP (C) No. 28246 of 2025
Decided On : 10-09-2025

Advocates Appeared:
For the Appellants : K.R. Ganesh, Elvin Peter P.J., Adarsh Babu C.S., Ashik J. Varghese, Ahsana E.
For the Respondents: Thomas Abraham, Girija K. Gopal, P. Ravindran, P. Anirudhan, T.C. Krishna, M.R. Sabu, Aparna Rajan, Sreedhar Ravindran, K.N. Vigy, Soorya Mariya Kurian, Fathima Parveen P.S.

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.

Headnote:(A) Kerala University Act, 1974 - Sections 10(13), 10(15), 23(1)(x) - Statutes of the University of Kerala - Suspension of Registrar - Court examined authority of Vice Chancellor to suspend Registrar without Syndicate's consent - Court found that suspension order was not in accordance with law and decisions of unauthorised Syndicate meeting cannot hold validity - Court directed proper meeting of Syndicate for consideration of suspension. (Paras 10, 14, 20, 21)

(B) Principles of Administrative Law - Authority functions of Vice Chancellor are subject to Syndicate's regulatory controls - Any meeting convened without proper procedural adherence is invalid - Executive decisions require appropriate statutory support and validation through governing bodies. (Paras 16, 18, 20)

Facts of the case:
The petitioner challenged the legality of his suspension by the Vice Chancellor, claiming it was arbitrary and without jurisdiction. He contended that the orders against him were in violation of the University's statutes and sought reinstatement. (Paras 2, 3, 6)

Findings of Court:
The Court determined that the decision taken by the second meeting of the Syndicate could not be acknowledged as valid due to improper convening and authority issues. It reinforced the need for adherence to legal processes in administrative actions. (Paras 14, 21)

Issues: The main issues involved whether the Vice Chancellor could disregard the Syndicate's decision and the validity of the second Syndicate meeting after the first was dissolved. (Paras 14, 15)

Ratio Decidendi: The Court asserted that the Vice Chancellor does not possess unfettered discretion and must abide by the statutes governing administrative actions in the university, emphasizing lawful procedural conduct. (Paras 18, 20)

Result: Writ petition dismissed, endorsing the continuation of the suspension pending a formal review by the Syndicate.

Table of Content
1. petitioner's appointment and incident leading to suspension. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. challenges against the legality of the suspension orders. (Para 7 , 8 , 9)
3. counterarguments regarding the authority and meetings. (Para 10 , 11 , 12 , 13)
4. legal questions regarding the meetings and decisions. (Para 14 , 15)
5. discussion on proper conduct of meetings and implications. (Para 16 , 17)
6. conclusions regarding the suspension and authority of the syndicate. (Para 18 , 19 , 20 , 21)

JUDGMENT :

T.R. RAVI, J.

1. The prayers in this writ petition are to quash Exts.P18, P20, P22 and P23 and to direct the 2nd respondent not to prevent the petitioner from discharging his duties as Registrar of the 1st respondent University. The petitioner has also sought for a declaration that Exts.P18, P20, P22 and P23 orders issued by the 2nd respondent are without any authority of law, arbitrary, unfair, unreasonable, discriminatory, violative of Article 14 of the Constitution of India, illegal, void and non est. The case of the petitioner is as follows;

2. The petitioner was appointed as Registrar of the University on 23.02.2021. The term of office was four years. Pursuant to orders of this Court in W.P.(C).No.6197 of 2025 filed by a Syndicate member, a meeting of the Syndicate was convened, and the petitioner was re-appointed as Registrar.

3. On 13.06.2025, the Secretary of Sree Padmanabha Seva Samithi (hereinafter referred to as 'the Samithi') submitted Ext.P2 request to the petitioner to allot the Senate Hall of the University from 5.00 pm on 25.06.2025 for conducting a Seminar in connection with the 50th Anniversary of National Emergency in India. This was followed by Ext.P3 request dated 19.06.2025. According to the petitioner, on Ext.P3 request, the 2nd respondent endorsed the words “permitted as per rules”.

4. Ext.P4 produced by the petitioner is the copy of the Rules and Regulations for allotment of the Senate Hall, issued on 16.08.2024. Rule 7 authorises the Registrar to cancel any reservation without prior notice. On 25.06.2025, according to the petitioner, at around 4.30 p.m., the Security Officer of the University submitted Ext.P5 statement alleging that the organisers of the Samithi had installed some religious emblems on the stage and the petitioner had directed the Public Relations officer of the University to inspect and report back. It is stated that the Public Relations Officer affirmed the allegation and requested to cancel the permission granted for using the Senate Hall. Ext.P6 is the copy of the report. It is stated that the petitioner was informed by the Security Officer and the Police Officials that students belonging to different students Unions like the Kerala Students Union and the Students Federation of India were in altercation with students belonging to Akhila Bharatiya Vidyarthi Parishad and certain persons belonging to the RSS and there was a possibility of eruption of violence. The petitioner was hence requested to go over to the Senate Hall and take remedial measures. The petitioner states that he had requested the organisers to remove the photographs of religious symbols in order to avert any untoward incident and since the organisers were not willing, he had ordered to cancel the meeting, on the foot of Ext.P6. It is further stated that the organisers refused to accept the order and the same was mailed to them. Copy of the order of cancellation has been produced as Ext.P7.

5. The 2nd respondent issued Ext.P8 Note to the petitioner, calling for a report on the incident that happened on 25.06.2025. The petitioner submitted Ext.P9 report. On 02.07.2025, the 2nd respondent issued Ext.P10 order, suspending the petitioner from service, invoking Statute 19 of Chapter 4, Part III of the Kerala University First Statutes, 1977 (hereinafter referred to as 'the Statutes') and Section 10 (13) of the Kerala University Act (hereinafter referred to as 'the Act'). The petitioner challenged Ext.P10 in W.P.(C).No

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