The Gujarat high court on Thursday quashed an order of Vadodara's Maharaja Sayajirao (MS) University in May last year debarring a student of a fine arts course from all faculties at the institution over alleged objectionable artwork involving Hindu deities.
While quashing the order expelling Kundan Kumar Mahato, a first year post-graduate student from the faculty of fine arts, Justice Bhargav D Karia rapped MS University authorities by saying faculty members should be more open than students and "such things are so common in fine arts".
"What was the haste in expelling him? I am allowing the petition. Let the debar order go. I am quashing that order. Start appearing for classes tomorrow. The offence is not that serious...Why should students suffer? You could have imposed a minimum penalty (instead of expelling him)," Justice Karia said while hearing Mahato's petition.
Mahato was "permanently debarred from all the faculties" by the university in May last year following a controversy over his artworks, which even led to a First Information Report being registered against for allegedly hurting religious sentiments.
Some right-wing outfits, at the time, had alleged Mahato, a native of Bihar, had made portraits of Hindu deities by pasting newspaper clippings of rape incidents in the country.
In June, Mahato had filed an appeal before the authorities urging them to reconsider their decision as per rules of the MS University Act and to give him a chance to present his side, his lawyer Hitesh Gupta informed the court.
When that appeal was rejected. Gupta filed a petition in the HC challenging the university's decision to rusticate him.
During Thursday's hearing, Gupta told court his client was debarred permanently without getting an opportunity to put forward an explanation.
Gupta also said the artwork was only meant for the internal jury assessment as part of his exam and it was never put on public display.
Mahato had even removed it from display during the internal assessment but someone clicked photographs and made them viral, which created a controversy, said Gupta.
When advocate Mitul Shelat, appearing for MS University, objected to the court's inclination to revoke the order, Justice Karia said both the student and faculty should face the inquiry.
When Shelat informed the court that an inquiry against the faculty is still pending, Karia said the university cannot single out the student in such a scenario, while no action is taken against the teachers.
"You cannot single him out. You can't debar him now and let another inquiry against faculty go on for 10 years. It was clear it (display and assessment of artwork) was behind closed doors and was not meant for the public. You could have just failed him (instead of taking such action). Let the inquiry be conducted against everyone," said the HC judge.
