KOCHI/THIRUVANANTHAPURAM: In a major setback for the governor, a division bench of the Kerala High Court on Monday rejected his appeal challenging a single bench verdict that had rendered as legally untenable the appointment of temporary vice-chancellors of the APJ Abdul Kalam Technological University and the Digital University.
The court said temporary V-Cs could be appointed by the governor, in his capacity as chancellor, only for a period not exceeding six months.
The chancellor has no power to appoint person to exercise the powers and perform the duties of the V-C of the Technological University or the Digital University, until further orders, it said. “In such circumstances, the single judge cannot be found at fault for declaring the notifications as not sustainable in law,” said the division bench comprising Justice Anil K Narendran and Justice P V Balakrishnan.
The bench held that the chancellor as well as the state government will have to act proactively to ensure regular appointments are made to the V-C post in universities, without any further delay.
Advocate General K Gopalakrishna Kurup submitted that the chancellor cannot appoint any person to exercise the powers and perform the duties of the V-C unless the name is recommended by the government.
Tuesday’s HC order implies that Ciza Thomas and K Sivaprasad step down as V-C of the Digital University and Technological University, respectively, and the governor appoint regular V-Cs for both universities from the list provided by the state government.
Governor likely to move top court against HC upset
“The appointment (of the interim V-C) has to be made from a panel of names submitted by the government. As soon as we get the (HC) judgment, we will start the process,” Higher Education Minister R Bindu said.
The Raj Bhavan is yet to take a final call on the next course of action but there are strong indications the governor is likely to approach the Supreme Court. “We would like to exercise all legal options available,” said a source close to the governor. “Even if the government provides a panel of names, it is up to the chancellor to decide whether to accept it or not,” said the source.
The appointment of permanent V-Cs has been ruled out in the wake of the uncertainty following the President withholding assent to university amendment bills. The bills had sought to alter the composition of search committees to choose V-Cs and also divest the governor of his role as chancellor.
“The interim V-C arrangements and frequent changes at the helm would undoubtedly affect the standards of our universities in the long run,” cautioned R Jayaprakash, former executive council member of Kerala State Higher Education Council. Though it was his predecessor Arif Mohammad Khan who had appointed Ciza and Sivaprasad as the temporary V-Cs in November 2024, it was Rajendra Arlekar who approached the division bench challenging the single bench order.
May 19 directive of single judge
The state government shall take steps to recommend to the chancellor the names of persons possessing the qualifications prescribed (through regulations) by the UGC, who can be appointed as a temporary V-C of the University pending the selection of a V-C on regular basis.
The notifications are not sustainable in law for the reason that they are not issued in accordance with the procedure contemplated by the Universities Act.
The power to appoint a temporary V-C shall be exercised by the chancellor only on the basis of the recommendation of the government.