Kerala High Court Intervenes in University Dispute
The Kerala High Court issued a significant order on Monday. The court stayed all disciplinary action initiated by the Vice-Chancellor of Kerala University against former registrar K S Anil Kumar. This stay includes any further proceedings based on the memo of charges issued to him. The order will remain effective until the court provides further directions.
Petitioner Challenges Proceedings
A bench led by Justice P V Kunhikrishnan heard the petition filed by Kumar. He currently serves as the principal of KSMDB College in Sasthamkotta, Kollam. In his petition, Kumar challenged the disciplinary proceedings launched against him by the university administration.
Background of the Controversy
The dispute traces back to events in June. The Vice-Chancellor suspended Kumar from his registrar post on July 2. This action followed Kumar's decision to cancel permission for a program scheduled at the University Senate Hall on June 25. The cancellation occurred at the last minute due to a controversy surrounding the display of a Bharat Mata portrait on the dais.
Subsequently, the university syndicate reviewed the suspension. The syndicate decided to revoke Kumar's suspension. However, the Vice-Chancellor recorded his dissent against this decision. He then forwarded the meeting minutes to the university chancellor for review.
Following these developments, the state government intervened. Authorities directed Kumar to rejoin his parent department. He then assumed charge as principal of KSMDB College in Kollam district.
Disciplinary Proceedings Continue
Despite Kumar's transfer to a college position, the Vice-Chancellor pursued disciplinary action. On December 16, the VC issued a formal memo of charges to Kumar. This memo initiated fresh disciplinary proceedings against the former registrar.
This action prompted Kumar to approach the High Court for relief. He sought judicial intervention to halt what he considered improper proceedings.
Court Questions VC's Authority
During the hearing, the High Court made several important observations. The bench noted that, prima facie, the Vice-Chancellor's actions appeared to lack proper authority.
The court specifically referred to Section 10(13) of the Kerala University Act, 1974. This section outlines the Vice-Chancellor's emergency powers. According to the Act, the VC may exercise powers of the syndicate or academic council only during emergencies when these bodies are not in session.
Furthermore, the Act requires that any such emergency action must be placed before the concerned authority at its next meeting for proper consideration.
Procedural Lapses Identified
The petitioner raised a crucial procedural issue. Kumar's counsel contended that the issuance of the memo of charges was never placed before the subsequent syndicate meeting held on December 24. This omission raised serious questions about the propriety of the entire disciplinary process.
The High Court agreed with this assessment. The bench observed that no emergency situation justifying the memo of charges was evident from the Vice-Chancellor's actions. The court found no immediate threat or urgent circumstance that warranted bypassing normal university procedures.
Court Seeks Explanation
Based on these observations, the High Court has directed the Vice-Chancellor to provide an explanation. The court wants to understand why the VC invoked emergency powers under the University Act for this disciplinary matter.
The stay order represents a significant development in this ongoing university dispute. It temporarily halts all disciplinary proceedings against the former registrar while the court examines the legal validity of the Vice-Chancellor's actions.
The case highlights important questions about administrative authority within university systems. It also underscores the need for proper procedural compliance even when dealing with disciplinary matters. The court's intervention ensures that due process is followed before any further action can proceed against the former university official.
