The Kerala High Court has ruled that a university syndicate is not competent to challenge an order issued by the chancellor, who serves as the head of the institution and the appellate authority over the syndicate, particularly in matters related to disciplinary proceedings against a university employee.
Ruling by Justice A A Ziyad Rahman
The bench of Justice A A Ziyad Rahman issued this ruling while dismissing two petitions filed by M B Faisal and P K Khaleemudheen, syndicate members of Calicut University. The petitions challenged the chancellor's order that quashed disciplinary proceedings initiated by the syndicate against a university employee.
Background of the Case
The case arose from a Calicut University syndicate decision in September 2022 to initiate disciplinary proceedings against Mohamed Sajid T, who was then serving as an instrumentation engineer at the university. The syndicate alleged that the university had suffered a loss of Rs 27.42 lakh in connection with the installation of a local area network (LAN) linking various university offices. Consequently, the syndicate decided to revert him to the post of junior engineer for five years and recover the alleged loss from him.
However, considering Sajid's statutory appeal, the chancellor in June 2024 set aside the syndicate's order and directed that he be reinstated with all service benefits. Aggrieved by the chancellor's intervention, the petitioners approached the High Court.
High Court's Observations
The High Court observed that, under Section 7 of the Calicut University Act, the chancellor is vested with superior powers to act as the appellate authority against orders of dismissal passed by the syndicate or vice chancellor against university employees. The court stated: "The syndicate is not expected to challenge the order passed by the chancellor in the exercise of the statutory powers conferred upon him. Such a challenge would be against the institutional hierarchy and discipline, which are bound to be maintained in full adherence to the provisions of the Act and the Statutes framed thereunder."
Exceptions to the Rule
However, the High Court clarified that this is not an absolute rule. The competent university authority may challenge the chancellor's order if it is patently illegal, passed with evident bias, contrary to statutory provisions, or in violation of basic legal principles. The court further observed that such exceptions are necessary in light of recent developments in university administration across the country, where disputes often arise from ideological or political conflicts involving persons holding positions of authority in universities, rather than from genuine attempts to safeguard the welfare of the institution as a whole.
Direction for Investigation
Similarly, the High Court directed the state government and Calicut University to ensure that a proper investigation is conducted in the matter, the culprits are identified and adequately punished, and the loss sustained is recovered.
