Stating that the Faculty of Fine Arts (FFA) of the MS University of Vadodara (MSU) is known for its “open-mindedness” in fine arts “since the era of MF Husain”, the Gujarat High Court Thursday quashed the university order to debar Kundan Kumar Mahato, a student of Masters of Visual Arts of the Faculty of Fine Arts, for “objectionable” artworks in May last year.
Observing that the “role of gurus (teachers)” was more important, the court rebuked MSU for conducting a “hasty and slipshod inquiry”, without “taking the onus” of the incident that had caused a ruckus in the FFA campus on May 5, 2022.
Hearing the petition filed by Mahato, Justice Bhargav Karia Thursday held that MSU had “singled out” the student without conducting a complete inquiry into the incident of May 5, 2022, when yet-to-be-identified persons made viral the photographs of the objectionable artwork, which created a ruckus on campus.
Justice Karia considered the argument presented by Kundan’s advocate Hitesh Gupta that despite being present at the University head office before 3pm on May 13, 2022 — as directed by the MSU — he was not given a chance to present his side before the officials.
Seeking to know what had been the outcome of inquiries against the faculty members as well as the university’s inquiry into who made the photographs of a confidential exam viral, the court said, “What was the haste in debarring him? How can you debar him, when the faculty members have not been suspended? The fact-finding committee report of MSU is very clear that the student has not taken the photos that went viral. So, who took those pictures?”
Stating that the MSU replies to the nature of the inquiry had been dissatisfactory, the court further said, “A very rapid and slipshod inquiry is conducted…action can be taken only after all inquiries are conducted simultaneously, including that against the faculty. How can you single out the student? The artwork is a personal perception — it was not a public display. You (MSU) could have failed him in the internal exam stating that this is derogatory. It is not a major offence. You have to justify your action.”
Allowing Mahato’s petition that he should be allowed to attend his classes, the court said, “He (Mahato) can appear for his classes from tomorrow. Ultimately, they (the faculty) are more responsible. What is the role of a guru? In a school, if some student misbehaves, does the teacher shut her eyes? Your faculty members should be more open-minded…In Fine Arts, such things (artworks) are so common. You (MSU) would know this better as your university is well known since MF Husain’s time. In my knowledge, this was the best Fine Arts University with an open mind. If such an incident occurs, the university should take onus for it. The petition is allowed.”
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Putting his case before the High Court, Mahato had heavily relied on the report of MSU’s Fact Finding Committee dated May 9, which had also held the faculty responsible for the ruckus. As per the conclusion of the nine-member fact-finding committee report dated May 9, 2022, the controversy took place due to a lack of monitoring and guidance by teachers.
The Committee has blamed the university for “negligence of duty” and said, “In the name of academic and artistic freedom of expression, any artwork that hurt the social and cultural sentiments of any religion should not be allowed to be produced. This entire issue took place due to a lack of a proper system of monitoring, guidance and supervision by teachers concerned. The standard examination system and university protocol are not followed properly which has tarnished the name and fame of the university. Negligence of duty on part of the authorities of the faculty is observed.”
Advocate Gupta informed the High Court Thursday that as per the facts of the case, the artwork was created by Kundan for an internal exam scheduled on May 2, 2022. He had immediately removed the artwork after being advised by his teachers. On May 5, a separate public display of artworks for the second-year students of MVA was held, during which the photographs of Mahato’s artwork became public. Justice Karia also pulled up the University for not ascertaining how the photographs went viral.
Earlier, in a reply to an RTI filed by Mahato, the MSU had also stated that it had no letters dated May 6 and the Fact Finding Committee report dated May 10, based on which it had issued the rustication letter to Mahato on May 13 after a “unanimous decision” of the syndicate. The MSU later informed the High Court that it had “mistyped” the dates in the rustication letter and therefore, could not produce the specific date letters to the RTI reply. The Fact Finding Committee report is, in fact, dated May 9, 2022.
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Meanwhile, Kundan, who received a gold medal for his academic performance at BHU’s Bachelor’s course of Visual Arts from 2017-2021 is elated. “I am elated and looking forward to continuing my studies. It was never my intention to hurt anyone’s sentiments and I am glad that the court has given me justice.”
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