Bharat Mata portrait row: Kerala HC refuses to reinstate suspended Registrar, tells Syndicate to take a call

The Kerala High Court on Wednesday refused to reinstate Dr KS Anil Kumar, who was suspended from his post as Kerala University's Registrar, after he cancelled a seminar event being attended by the Kerala Governor over the use of a Bharat Mata portrait with a saffron flag on the stage [Prof Dr KS Anilkumar v The University of Kerala & ors]..Justice TR Ravi, however, directed the University's Vice-Chancellor (VC) to convene a Syndicate meeting and left it to the Syndicate to decide on whether Dr Kumar's suspension ought to be continued. "Challenge against suspension fails. Prayers regarding the same are rejected. Writ petition is disposed of (by) directing the Vice-Chancellor to convene a meeting of the Syndicate to consider whether suspension should be continued and syndicate may decide (take a call on the same)," the Court said..Court also expressed serious concern over the functioning of the University authorities and officers and warned that the functioning of the institutions must not be derailed due to political or any other concerns but must be guided purely by academic and institutional principles.While the Court observed that the Syndicate meeting convened after the VC had cancelled the original meeting was not in accordance with law and its decision could not be treated as valid, it also noted that the VC's understanding of the agenda of the original meeting was incorrect.The Court explained that even though the original meeting was intended for finalising the statement of facts in a pending writ petition in which the professor had challenged his suspension, the VC using his discretionary power could have included an additional agenda for the Syndicate to decide on the suspension issue.Thereafter the Syndicate's decision could have been communicated to the Court avoiding unnecessary litigation."It is not necessary that every writ petition filed before this Court should be countered by the respondent and it is always open for the respondent to admit the case of the petitioner and end the controversy.", the Court added..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 on July 2, 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..However, Dr Kumar later moved a fresh a plea challenging the Vice-Chancellor's decision to continue keeping him under suspension, despite the University Syndicate's resolution..The VC had 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 was challenged by Dr Kumar, who contended that the VC's actions amount to an abuse of power and overstepping of authority..On July 31, the Court sought a response to Dr Kumar's plea from the Kerala University and its Vice-Chancellor. At the time, Justice Ravi also remarked that the continuing differences between the University Registrar and the VC appeared to be a game of "cat and mouse.""Everyday, we see on TV - a cat and mouse game going on," he had said.The Court has now rejected Dr. Kumar's prayer for intervention in the matter, but has urged the Syndicate to decide on whether his suspension should continue. .Senior counsel Elvin Peter PJ assisted by advocate KR Ganesh, appeared for Dr Kumar.The Kerala University was represented by its standing counsel, Thomas Abraham.Advocate Girija K Gopal appeared for the Vice Chancellor..[Read Judgment].[Live Coverage]