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
| 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
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.
The Vice Chancellor has the authority to cancel meetings, and decisions made by unauthorized majorities do not hold validity under statutory provisions.
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....
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.
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 ....
The Vice Chancellor can only constitute an Ad hoc Governing Body if no regular Governing Body exists, reaffirming the authority of the college's founders to form the permanent body.
Section 13 of University Act, 2000 clearly states that Registrar shall be a full time officer of University and shall be appointed by State Government.
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