"Cat and mouse game": Kerala High Court on Kerala University Bharat Mata portrait row and Registrar's suspension

A cat and mouse game is being played out at the Kerala University, observed the Kerala High Court orally on Thursday, referring to an ongoing tussle between the University's Vice-Chancellor and its Registrar, Dr KS Anil Kumar [Prof Dr KS Anilkumar v The University of Kerala & ors].

Dr Kumar was suspended on July 2 by the Vice-Chancellor after he cancelled a seminar event that was being attended by the Kerala Governor, over the use of a Bharat Mata portrait with a saffron flag on the stage.

A plea challenging this suspension was withdrawn from the High Court after the University Syndicate resolved to revoke the suspension.

However, Dr Kumar has now moved a fresh a plea challenging the Vice-Chancellor's decision to continue keeping him under suspension, despite the University Syndicate's resolution.

A Bench of Justice TR Ravi today sought a response to Dr Kumar's plea from the Kerala University and its Vice-Chancellor (VC).

Referring to the continuing differences between the University Registrar and the VC, the judge added,

"Everyday, we see on TV - a cat and mouse game going on."

This case is tied to the use of a Bharat Mata portrait with a saffron flag at a seminar event to which Kerala Governor Rajendra Arlekar was invited.

The State government and the Governor have been locked in a tussle over the use of a Bharat Mata portrait with a saffron flag for official events, which the State and its ministers have opposed, citing the religious symbolism involved.

Dr Kumar got involved in the controversy after he issued a notice cancelling an event that featured the display of one such Bharat Mata portrait at the Kerala University Senate Hall.

The cancellation notice was reportedly issued after the event had already begun, with the Governor on stage. The cancellation notice was thus seen as a mark of disrespect to the Governor, who is also the Chancellor of the University.

Dr Kumar was subsequently suspended from service, which he challenged in a writ petition before the High Court.

However, the University Syndicate resolved to revoke the suspension on July 6. Consequently, Dr Anil Kumar's counsel informed the High Court that his writ petition had become infructuous. He was, therefore, permitted to withdraw the plea.

Despite this, the VC issued further orders between July 8 and July 29 stating that the Registrar continues to remain under suspension. In these orders, the VC reasoned that during the July 6 Syndicate meeting, Dr. Kumar's suspension was only formally reported.

The Syndicate's meeting minutes and decision were subject to the VC's approval, it was further noted, which was not given.

"Dr. KS Anil Kumar continues to be under suspension, as no lawful order of revocation or modification has been issued by the competent authority," added a communication issued from the VC's office on July 8.

Dr Kumar was also directed to refrain from entering the University campus and restrained from handling any University files.

This turn of events has now been challenged by Dr Kumar. He has contended that the VC's actions amount to an abuse of power and overstepping of authority.

Dr Kumar has urged the Court to quash the VC's orders and to restrain the VC from preventing Dr Kumar from discharging his duties as a Registrar.

Senior counsel Elvin Peter PJ appeared for Dr Kumar today and submitted that the VC was continuing to treat the Registrar as suspended in violation of the statutory framework under the Kerala University Act and University Statutes.

"Whether right or wrong, the Syndicate has taken a decision. The Vice-Chancellor is ignoring the provisions of the Act," the senior counsel argued.

He also submitted that Dr Anil Kumar had hoped the matter would be resolved amicably over the past month, but that did not happen.

The Court will hear the matter next on August 4.

The Kerala University was represented by its standing counsel, Thomas Abraham.

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