60 days of suspension not enough: Kerala HC questions Kalady University’s demand for student apology

Kochi: The Kerala High Court on Wednesday questioned Sree Sankaracharya University of Sanskrit, Kalady, over its insistence that students suspended in connection with a campus protest apologise before their suspension is revoked.

Justice P V Kunhikrishnan was considering a petition filed by 16 students challenging their prolonged suspension pending an inquiry into the August 13 campus protest.

"For 60 days, they have been suspended and now you want them to apologise," the court orally observed. "I am not accpting what they have done, but they have suffered. They have been out for 60 days. Assume for argument's sake that there was misconduct. Isn't 60 days enough? I am not justifying what they did, but 60 days are over," the judge said.

The court noted that the students had also been prevented from appearing for their examinations, adding that they were the ones ultimately suffering. It urged the university to use its "good office" to resolve the issue, failing which the court would hear the matter on Friday.

The 16 students, pursuing MSW, MFA, MA, FYUGP and PhD programmes, were suspended on September 1 pending an inquiry into the August 13 protest. The university had also barred them from appearing for semester examinations.

The protest was over infrastructure deficiencies, drinking water shortages, hostel restrictions and vacant faculty posts. Tensions escalated when students staged a street play depicting what the university described as a symbolic funeral of Vice-Chancellor Ciza Thomas. The university also alleged that students manhandled the Vice-Chancellor and attempted to damage her vehicle. The students maintained that the performance was intended to depict a mock funeral of non-functional stage lights.

Earlier, the university Syndicate decided to revoke the suspension of 12 students on the condition that they submit written apologies, while extending the suspension of four others by two months. The students rejected the condition, arguing that an apology would amount to accepting the allegations against them.

The students had initially secured an interim order from a Single Judge allowing them to appear for examinations scheduled to begin on November 4. However, a Division Bench set aside the order, citing a lack of pleadings on their eligibility under the university's attendance and internal assessment regulations.

The students then approached the Supreme Court, which subsequently declined to interfere with the Division Bench's decision but urged the High Court to expedite the hearing of the students' main petition challenging their suspension. Meanwhile, the University undertook that, if the suspension of the students is cancelled by the High Court, a special exam will be held for them.

(With inputs from LiveLaw)