The Kerala High Court recently declined to order the reinstatement of Kerala University Registrar Dr. K.S. Anil Kumar, who was suspended after a controversy surrounding the display of a portrait of Bharat Mata with a saffron flag at a university seminar. The Court observed that the decision regarding suspension or reinstatement falls within the powers of the University Syndicate and not the judiciary, thereby leaving the responsibility to the institution’s governing body to resolve the matter.
The controversy arose during a seminar organized to mark the fiftieth anniversary of the Emergency, which was attended by the Governor of Kerala in his capacity as Chancellor of the University. At the event, a portrait of Bharat Mata carrying a saffron flag was displayed, which triggered protests by various student groups. Dr. Anil Kumar, in his role as Registrar, intervened by revoking the permission earlier granted for the seminar, citing the portrait as a religious symbol that was inappropriate for display within university premises. This decision was met with immediate criticism and was followed by his suspension ordered by the Vice-Chancellor.
Challenging the suspension, Dr. Anil Kumar approached the High Court, contending that the suspension was arbitrary, illegal, and beyond the Vice-Chancellor’s authority. He argued that under the statutes governing the University, only the Syndicate, the highest decision-making body of the institution, had the power to take such disciplinary measures against the Registrar. He further claimed that his action to revoke permission was justified on the grounds of maintaining the secular character of the University and preventing law-and-order issues during an event attended by the Governor.
The University’s counsel defended the Vice-Chancellor’s decision, arguing that the Registrar had acted beyond his jurisdiction by unilaterally cancelling an event that had the Chancellor as chief guest. It was further submitted that the action created embarrassment for the University and disrupted a significant program, thereby warranting immediate suspension.
During the hearings, the High Court examined whether it should grant immediate relief to the Registrar by staying the suspension. The Court noted that the Syndicate had not yet convened to take a final call on the issue and that there existed divergent views within the University administration about the legality and propriety of the Registrar’s decision. In such a situation, the Court concluded that it would be inappropriate for it to preempt the Syndicate’s authority by ordering reinstatement.
Additionally, the Court sought clarity from both the University and the police on whether the Registrar’s move to revoke the permission was in fact prompted by a genuine concern for law and order, especially given the presence of the Governor. This aspect was left open for further consideration.
Ultimately, the High Court dismissed the plea for reinstatement, holding that the matter must be left to the Syndicate to decide in accordance with the governing statutes. The Court emphasized that it would not interfere with the internal autonomy of the University in administrative matters unless there was a clear case of illegality.
The decision leaves Dr. Anil Kumar’s fate dependent on the University Syndicate’s deliberations. Until then, his suspension remains valid, and the controversy over the Bharat Mata portrait continues to stir debate within academic and political circles in Kerala.
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