HC questions authority of Kerala University V-C in keeping Registrar under suspension
A Bench of Justice T.R. Ravi also questioned the V-C's authority to keep the Registrar under suspension. The V-C's counsel cited a provision mentioned in the Kerala University Act that vested the V-C with the authority to exercise any power vested in the Syndicate or the academic council in an 'emergency' situation. The action taken has to be then reported to the authority concerned and in this case, the suspension was reported to the Syndicate at the next meeting.
The Registrar's counsel said that the V-C exercised the power of the Syndicate when it was not in session, and contended that the Syndicate was the appointing and disciplinary authority in the case of the Registrar. He further said that the V-C is an officer under the university and not an authority, and was hence bound to implement the decisions of the Syndicate. He thus cannot decide whether the Syndicate's decision was bad or not. Moreover, the V-C has to approach the Chancellor for revoking its decisions.
Mr. Anilkumar had approached the High Court challenging his continued suspension despite the university's Syndicate revoking it. He had further sought that the court quash multiple orders issued by the V-C that prevented him from rejoining duty. The V-C issued the suspension order on July 2, after the Registrar reportedly directed the cancellation of an event at the university's Senate Hall following the row over displaying a photo of 'Bharat Matha'. In the order, he was accused of procedural irregularities and mismanagement, leading to 'unrest' on the university campus.
Terming the orders illegal, improper, arbitrary and discriminatory, the Registrar said in his plea that the V-C can only act within university statutes and that he lacked independent authority to suspend him, since the 'Syndicate appoints the Registrar'.
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