THIRUVANANTHAPURAM: The appointment of permanent vice-chancellors in APJ Kalam Technological University and Digital University, Kerala, is likely to be further caught up in legal wrangles. Governor Rajendra Arlekar is set to file a modification petition in the Supreme Court against its order constituting a VC search panel without a nominee of the University Grants Commission (UGC).
Through the petition, the Raj Bhavan will seek an amendment to the order that constituted a search committee with former SC judge Justice Sudhanshu Dhulia as the chairperson. The governor will primarily object to a reference in the order that says the composition of the search committee has been done “with the consent of the parties” (Governor and state government).
“The composition of the panel that the Supreme Court initially suggested had two nominees of the Chancellor (Governor), two of the state government and a UGC nominee to which we agreed. However, in the order, the UGC nominee was omitted without our consent,” said a top source in the Raj Bhavan.
The governor’s counsel will also point out at least half a dozen earlier SC judgments that upheld the supremacy of UGC regulations over laws governing individual universities. “The UGC regulations lay down that its nominee would be an integral constituent of the VC search committee,” said the source. The UGC may also join in the case. The governor’s counsel will also point out the 2023 SC judgment in the Kannur University VC reappointment case that criticised “unwarranted intervention” of the state government in the process. The judgment had also underscored that “no other person, even the Pro-Chancellor, can interfere with the functioning of the statutory authority (Governor)”.
However, in its recent order, the SC had ruled that the CM shall be entitled to recommend the shortlisted names “in order of preference” for appointment as VCs. The Raj Bhavan will flag this as an instance of “interference in the functioning of the statutory authority”. “The Chancellor’s role will be reduced to just following the order of preference of VC probables set by the CM,” said a source close to the governor’s counsel.
West Bengal model
The Raj Bhavan will also point out the lack of consensus on VC selection in universities in West Bengal despite the SC-appointed search committee, chaired by the former Chief Justice of India U U Lalit, proposing a list of probables. This was owing to the divergent preferences of the Chief Minister and the Chancellor in the state.
"A section of academicians from West Bengal has questioned the presence of certain members in the selection panel for the appointment of VCs in 15 universities in the state. Besides, the Supreme Court has now said the panel itself can choose the VCs owing to lack of consensus between CM and Chancellor," pointed out a Raj Bhavan source.
Chancellor’s arguments
UGC nominee excluded in search panel without Chancellor’s consent
UGC norms that stipulate its nominee in search panel upheld by SC earlier
New role for CM an interference in the functioning of statutory authority
Similar model in West Bengal failed to reach consensus on VC selection