Kerala High Court: Dharnas in Educational Institutions Incompatible

• The Kerala High Court ruled that political activities like dharnas and hunger strikes have no place in educational institutions.
• This observation was made while setting aside an interim order that allowed 16 suspended students of Sree Sankaracharya University to appear for exams.
• The students were suspended for conducting a symbolic funeral of the Vice-Chancellor and allegedly obstructing her.
• The court cited a 2017 precedent, "Dr Antony Thomas v. VM Muhammed Rafique", which stated that students engaging in protests could be expelled or rustication.
• Educational institutions are primarily intended for imparting education, according to the court.

Anyone indulging in such political activities within an educational setting would render themselves liable for removal from the institution.

The Kerala High Court recently intervened in a matter concerning student discipline at the Sree Sankaracharya University of Sanskrit in Kalady, setting aside an interim order that had allowed 16 suspended students to sit for university examinations. These students had been suspended following their involvement in a symbolic funeral for Vice-Chancellor Ciza Thomas. Further allegations against them included obstructing and assaulting the Vice-Chancellor as she was leaving her office. The examinations in question were scheduled to commence on November 4.

A Division Bench, comprising Justices Anil K Narendran and Muralee Krishna S, delivered this decision. Their ruling effectively reversed a single judge's earlier directive, which had granted the suspended students permission to take their exams despite the ongoing disciplinary proceedings. This move by the High Court underscores a firm stance on maintaining order and appropriate conduct within academic environments, particularly when faced with disruptive political activities.

In its recent pronouncement, the Kerala High Court explicitly stated that political activities such as dharnas, hunger strikes, and satyagrahas are incompatible with the nature of a constitutional democracy, and even more so with the environment of academic institutions. This assertion came during the case of "Sree Sankaracharya University of Sanskrit v Archana PS & Ors.", where the court was addressing the conduct of students engaged in campus protests. The court emphasized that educational institutions are fundamentally dedicated to the pursuit and dissemination of knowledge.

To bolster its position, the Division Bench referenced a significant 2017 ruling from another Division Bench of the High Court, "Dr Antony Thomas v. VM Muhammed Rafique & Ors.". This earlier judgment had already established that students participating in protests could face severe disciplinary actions, including expulsion or rustication. The precedent clearly articulated that any individual engaging in such political activities within an educational setting would render themselves liable for removal from the institution. This reiteration solidifies the judicial perspective on the limits of the right to protest within Kerala's educational institutions.

The Kerala High Court's clear directive regarding political activities like dharnas and hunger strikes on campus provides a robust legal framework for educational institutions in the state. This ruling, particularly its emphasis on the potential for expulsion or rustication for students involved in such actions, offers a strong precedent for university administrations to enforce discipline. It clarifies that while the right to protest is fundamental, its exercise within academic premises must align with the primary objective of education, rather than disrupting it.

This judicial stance empowers institutions to take decisive action against disruptive student protests, ensuring that the academic environment remains conducive to learning. The judgment in "Sree Sankaracharya University v Archana PS", by upholding the principles laid out in "Dr Antony Thomas v VM Muhammed Rafique", reinforces the idea that maintaining academic focus and institutional order takes precedence over certain forms of political expression within campus boundaries. This provides a critical guideline for managing student activism across educational institutions in India, particularly in Kerala.

Lawyers advising educational institutions in Kerala should note this ruling as it provides a clear precedent for disciplinary action, including expulsion or rustication, against students engaging in political activities like dharnas, hunger strikes, or satyagraha on campus. Compliance officers in such institutions should review and update their student codes of conduct and disciplinary policies to align with this judicial stance, ensuring a strong legal basis for maintaining order and academic focus.

Source: Original reporting via Bar and Bench