Varsity syndicate can’t challenge chancellor’s order: Kerala HC

Kochi: High court has held that a university syndicate is not competent to challenge an order issued by the chancellor, who is the head of the institution and the appellate authority over the syndicate, particularly in matters relating to disciplinary proceedings against a university employee.The bench of Justice A A Ziyad Rahman issued the ruling while dismissing two petitions filed by M B Faisal and P K Khaleemudheen, syndicate members of Calicut University, challenging the chancellor's order quashing disciplinary proceedings initiated by the syndicate against a university employee. The case arose from a CU syndicate decision in Sept 2022 to initiate disciplinary proceedings against Mohamed Sajid T, then serving as an instrumentation engineer at the varsity, alleging 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.The syndicate had 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 HC.HC observed that, under Section 7 of 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 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," HC observed.However, HC clarified that this is not an absolute rule and that 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. It 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.Similarly, HC directed the state govt and CU to ensure that a proper investigation is conducted in the matter, the culprits are identified and adequately punished, and the loss sustained is recovered.