SC to hear plea of 16 suspended Kalady Sanskrit University students over exam ban

The Supreme Court on Nov 4 declined to grant an urgent hearing to 16 suspended students of Sree Sankaracharya University of Sanskrit (SSUS), Kalady, Kerala, who have challenged a Kerala High Court order preventing them from appearing for their university examinations. The apex court said it would take up their petitions on Nov 5.

A bench headed by Chief Justice of India (CJI) Surya Kant was informed that missing the examinations could cost the students an entire academic year. Appearing for the students, advocates Devavrath and KR Subhash Chandran requested an urgent hearing.

The CJI observed that if the students eventually succeed in their case, the Supreme Court could direct the university to conduct special examinations for them. The observation came as the students sought interim relief to regain permission to appear for their scheduled examinations.

The students had approached the Supreme Court on Nov 3, challenging a Division Bench order of the Kerala High Court that overturned an earlier Single Bench direction allowing them to write their examinations.

The Single Bench had passed the order on Oct 30, permitting the university to accept examination fees from the suspended students and allow them to appear for the examinations.

However, the Division Bench subsequently set aside the relief, holding that the Single Bench had erred in directing the university to permit the students to take the examinations without their fulfilling the requirements prescribed under the relevant regulations.

The Division Bench also referred to a 2017 judgment, which stated that activities such as dharnas, hunger strikes and Satyagraha had no place in a constitutional democracy, much less in academic institutions. It further observed that students participating in such activities could face expulsion or rustication.

Why were 16 students suspended from Kalady Sanskrit University?

The university suspended 16 students on Sept 1, pending an inquiry into incidents connected with a campus protest held on Aug 13. The students were also prohibited from entering the university premises, except when required to attend inquiry proceedings.

The suspended students are members of the Students' Federation of India (SFI) and are enrolled in different programmes, including MSW, MFA, MA, FYUGP and PhD courses.

According to reports, the protest involved allegations that students had physically assaulted Vice-Chancellor Dr Sisa Thomas during the demonstration. Ten of the suspended students are PhD researchers, while six were scheduled to appear for examinations.

The university had challenged the Single Bench order, arguing that the suspended students did not meet the mandatory attendance requirements to appear for their examinations. The Division Bench subsequently accepted the university's challenge and set aside the earlier direction.

The dispute has also involved the university's disciplinary proceedings against the students, some of whom have faced suspensions lasting around 60 days.

Students miss scheduled examinations as campus protest continues

The legal dispute affected the students' examination schedules, with the university's semester examinations beginning on Nov 4.

Several students reached the examination venue wearing black badges to protest against the suspension of their fellow students and the denial of permission to appear for the examinations.

Of the 16 suspended students, seven were postgraduate students scheduled to take examinations on Nov 4.

The university syndicate maintained that the decision on whether the suspended students should be permitted to write their examinations should be left to the court.

Meanwhile, the suspended students continued their hunger strike on the university campus, demanding the withdrawal of the disciplinary action against them.

The university syndicate had earlier offered to reinstate 12 of the 16 suspended students on the condition that they submit an apology. However, the students rejected the proposal.

SFI re-enacts controversial mock funeral skit

The protest has also involved a dispute over a street play staged by SFI members during the campus agitation. The performance, which depicted a mock funeral, had triggered controversy and contributed to the disciplinary action against the students in August.

The university alleged that the students had staged a mock funeral of Vice-Chancellor Dr Sisa Thomas. However, the protesters disputed this account, maintaining that the performance represented the funeral of lights to highlight the lack of basic facilities on campus, particularly inadequate lighting.

SFI members re-enacted the performance on the university campus on Nov 4 to oppose the disciplinary action and the Kerala High Court ruling. SFI leaders maintained that the agitation would continue.

The students have also raised demands beyond the suspension issue, including appointments to vacant teaching positions and concerns over students not receiving printed certificates.

The agitation has continued for nearly 90 days, bringing several issues involving campus facilities, university administration and student representation into the dispute.

SFI students also staged a play outside the Kerala Secretariat, targeting the state government and university officials over the ongoing controversy.

With the Supreme Court scheduled to hear the petitions on Nov 5, the immediate concern for the suspended students remains their eligibility to appear for the examinations.

The apex court's eventual decision could determine whether they receive another opportunity to take the examinations if they succeed in their legal challenge.