University Syndicate can’t challenge orders passed by its Chancellor, says Kerala HC

The Kerala High Court has held that the Syndicate of a university cannot challenge orders passed by its Chancellor, since it would be against institutional hierarchy and discipline.

The Chancellor is the head of the university and also its appellate authority regarding decisions taken by the Syndicate in matters regarding disciplinary proceedings. The Syndicate should thus give effect to the orders passed by the Chancellor and the Syndicate is not expected to challenge an order passed by the superior authority, the High Court held.

The court hastened to add that this was not an absolute power, and that the Syndicate can challenge illegal or biased orders passed by the Chancellor.

The court was hearing writ pleas filed by two Syndicate members of the University of Calicut, challenging the Chancellor’s order that set aside a Syndicate decision in a disciplinary proceeding initiated against an engineer of the university. The Syndicate had found that the engineer caused approximately ₹27.50 lakh loss to the university, due to alleged irregularities in a tender process.

This was challenged in an appeal before the Chancellor who went on to set aside the Syndicate order, and also directed his reinstatement.

However, the court observed that case records revealed that the university suffered huge loss (in the wake of the tender). The university and the State should ensure that a proper Vigilance investigation is done. They should also ensure punishment and recovery of the loss amount.