December 18, 2018:

On Tuesday, the Kerala High Court, while stating that the expression of a teacher's opinion on social media 'in regard to an action' cannot be considered criticism, ordered the reinstatement of Prasad Pannian, suspended from his post of head of department at Central University of Kerala at Kasargod.

As The Wire previously reported, Pannian, an associate professor at the university, was suspended from his post of head of department in Sep after he wrote a Facebook post in support of a Dalit research scholar who was arrested from the campus for breaking the glass pane of a fire alarm cabinet in the university hostel.

Pannian had said on Facebook on Aug 11, "An act of misdemeanor has been criminalized is deeply disturbing. this is a minor offence that should have been settled on the campus itself.

It is extremely saddening to know that our student is lying on the cold floor of the prison cell on charges of breaking a glass pane."

In its order on Dec 5, the court said that suspension could affect the career and reputation of a person, and that since the suspension was based on a cause, that cause needs to be examined.

The Court observed, 'One cannot be prevented from expressing his views merely because he is an employee. In a democratic society, every institution is governed by democratic norms. Healthy criticism is a better way to govern a public institution.'

According to The News Minute , nothing that posting on Facebook and other social media platforms 'had became a matter of concern for public authorities,' the court said: 'It is a matter of formulation of an opinion of others.'

Adding that as the court had previously ruled in several judgments, 'In the absence of any social media guidelines, such a post has to be viewed to find out whether it would be detrimental to the collective interest of the University. The expression of opinion of a teacher in regard to an action cannot be considered as a criticism.'

Justice Muhamed Mustaque further observed, 'I am of the view that the posting can be treated only as a healthy criticism and not as detrimental to the collective interest of the university.'

The ruling was issued on a petition filed by Pannian seeking to quash the suspension order against him, the New Indian Express reported.

The university, citing Pannian's comments on social media, had issued a suspension order stating: 'The Act of Dr Prasad Pannian is in violation of CCS Conduct Rules 1964 adopted by the University vide Ordinance No.34 and warrants Disciplinary proceedings against him.'

Speaking to The News Minute, the associate professor said, 'More than individual satisfaction, it is also a victory of democratic values and freedom of expression. Especially since this order stresses the importance of those values in a public institution.'

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