In order to determine whether Dr. Kumar's suspension should be maintained, the Court ordered the Vice-Chancellor of the University to call a Syndicate meeting.
Following his cancellation of a seminar event attended by the Kerala Governor due to the use of a Bharat Mata portrait with a saffron flag on the stage, Dr. KS Anil Kumar was suspended from his position as Registrar of Kerala University. On Wednesday, the Kerala High Court denied his reinstatement [Prof Dr. KS Anilkumar v. The University of Kerala & ors].
However, Justice TR Ravi instructed the Vice-Chancellor of the University to call a meeting of the Syndicate and left it up to the Syndicate to determine whether or not Dr. Kumar's suspension should be maintained.
"The challenge to suspension is unsuccessful. Prayers for the same are not accepted. The Court stated, "The writ petition is resolved (by) ordering the vice-chancellor to call a meeting of the syndicate to decide whether suspension should be maintained and the syndicate may make a decision on the same."
The use of a Bharat Mata image with a saffron flag at a seminar event that Kerala Governor Rajendra Arlekar was invited to is the subject of this case.
The usage of a Bharat Mata image with a saffron flag for official ceremonies has been the subject of a heated dispute between the State government and the governor. The State and its ministers have objected, citing the religious symbolism involved.
After issuing a notice canceling an event that included the display of one such Bharat Mata image at the Kerala University Senate Hall, Dr. Kumar became embroiled in the controversy.
According to reports, the cancellation notification was sent out after the Governor had taken the stage and the ceremony had already started. As a result, the cancellation notification was interpreted as disrespectful to the Governor, who also serves as the University's Chancellor.
In a writ case filed with the High Court, Dr. Kumar contested his subsequent July 2 suspension from duty.
On July 6, however, the University Syndicate decided to lift the suspension. As a result, Dr. Anil Kumar's attorney notified the High Court that his writ petition was no longer valid. As a result, he was allowed to drop the plea.
Nevertheless, despite the University Syndicate's ruling, Dr. Kumar then filed a new case contesting the Vice-Chancellor's choice to keep him suspended.
Between July 8 and July 29, the VC issued additional orders declaring that the Registrar was still suspended. The VC reasoned in his instructions that Dr. Kumar's suspension was only properly communicated at the July 6 Syndicate meeting.
It was also mentioned that the VC's permission, which was not provided, was required for the Syndicate's meeting minutes and decision.
According to a July 8 communication from the VC's office, "Dr. KS Anil Kumar remains suspended, since no valid order of revocation or modification has been issued by the competent authority."
Additionally, Dr. Kumar was instructed not to enter the university's campus and was prohibited from handling any university records.
Dr. Kumar contested this development, arguing that the VC had overreached himself and abused his position of responsibility.
On July 31, the Court asked Kerala University and its vice-chancellor to respond to Dr. Kumar's appeal. Justice Ravi also said at the time that the ongoing disagreements between the VC and the University Registrar seemed to be a game of "cat and mouse."
"Everyday, we see on TV - a cat and mouse game going on," he'd stated.
The Court has now denied Dr. Kumar's request for intervention in the case, but it has asked the Syndicate to make a decision regarding the continuation of his suspension.
Elvin Peter PJ, a senior attorney, represented Dr. Kumar. Thomas Abraham, the standing counsel for Kerala University, represented the university.
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