High Court in Kerala halts university syndicate meetings, fearing potential chaos if they proceed.

Kerala High Court Rules: APJ Abdul Kalam Technological University Syndicate Cannot Independently Convene a Meeting

The Kerala High Court has ruled that syndicate members of the APJ Abdul Kalam Technological University (KTU) cannot independently convene a syndicate meeting that has been called off by the University's Vice-Chancellor.

Justice TR Ravi presided over the case, which saw Senior government pleader AJ Varghese and advocate MA Vaheeda Babu representing the Vice-Chancellor, while Senior counsel P Ravindran and advocate Aparna Rajan appeared for one of the petitioners, Dr Vinodkumar, and Advocate T Rajasekharan Nair represented another petitioner, Saju I.

The Court's ruling stems from a meeting that was initially convened by the Vice-Chancellor but called off midway when members demanded the inclusion of an agenda item concerning disciplinary action against an employee. The Court held that a meeting held by syndicate members after it was declared closed by the Vice-Chancellor is not a legally convened meeting under the APJ Abdul Kalam Technological University Act of 2015 or the University's First Statutes.

The Court further emphasized that while the Syndicate is the chief executive body of the university, the Vice-Chancellor also plays an important role in the functioning of the university. Under Section 28 of the Act, a forum of five syndicate members is required to convene a meeting, and the initiative for convening and conducting such meetings rests with the Vice-Chancellor.

The Court criticized the lack of an authorized English translation of the University's First Statutes, which were issued only in Malayalam, stating that this creates difficulties in adjudication. The Court suggested that the legislature should rectify such lapses in the future.

The Court also questioned whether students coming from all over India and the world should not have access to the law relating to the University where they wish to pursue their higher education.

In its ruling, the Court upheld the Vice-Chancellor's decision to annul the resolutions passed at the meeting held by syndicate members after it was called off. The Court compared the situation to a frog in a well, implying a lack of awareness or understanding of the larger context.

The Court dismissed petitions by two KTU syndicate members who challenged the Vice-Chancellor's order annulling decisions passed at the 63rd syndicate meeting. The Court explained that a meeting without the Vice-Chancellor could undo any earlier decision of the Syndicate, taken in a properly convened meeting.

The Court also stated that the Vice-Chancellor need not call off or adjourn a meeting merely because requests are made to add an additional item to the meeting's agenda.

The current chairman of APJ Abdul Kalam Technological University is Dr. K.C. James. The Court directed the Vice-Chancellor to convene another meeting at the earliest to consider pending issues that were left to be considered.

This ruling sets a precedent for the functioning of the APJ Abdul Kalam Technological University, ensuring that the proper procedures are followed in the conduct of syndicate meetings.

High Court in Kerala halts university syndicate meetings, fearing potential chaos if they proceed.