NEW DELHI: The Supreme Court on Thursday quashed the Kerala government's decision to re-appoint Dr Gopinath Ravindran as the vice chancellor of Kannur University. Ravindran's re-appointment has been in the limelight in Kerala as for the first time in the history of the state, a vice chancellor was re-appointed.
The Supreme Court came down hard on the Kerala government for its "unwarranted intervention" in facilitating a fresh term for him at the helm of the institution. It also assailed Governor Arif Mohammed Khan, the chancellor, saying he did not independently apply his mind despite not being a mere "titular head".
A division bench of the Kerala High Court had on February 23 last year dismissed an appeal against a single-judge order upholding the re-appointment of Ravindran as the VC of the university, saying it was done in accordance with the law and that he was not "an usurper to the post".
Premachandran Keezhoth, a member of the Kannur University senate, and Shino P Jose, a member of the Academic Council, had knocked the doors of the apex court against Ravindran's re-appointment.
A three-judge bench of the Top Court, headed by Chief Justice of India (CJI) DY Chandrachud, and also comprising Justices J B Pardiwala and Manoj Misra, pronounced the verdict today after reviewing petitions challenging Ravindran’s re-appointment as VC.
The bench observed that the Chancellor, Governor Arif Mohammed Khan, “abdicated or surrendered” the statutory powers for re-appointing the V-C. The court referred to a press release issued by the Raj Bhavan which stated that the process of re-appointment was initiated by the chief minister and the higher education minister.
While setting aside the Kerala High Court's order of upholding Ravindran's re-appointment as VC of Kannur Univ, the apex court noted in its judgment that "although the notification for reappointment was issued by the Chancellor, the decision stood vitiated by the unwarranted interference by State Government", the court said in its verdict.
The court set aside the judgments of a single-judge bench and division bench of the Kerala High Court upholding Ravindran’s reappointment. Justice Pardiwala, who pronounced the judgment on behalf of the bench, said that this court pronounced the verdict after considering four questions:
1. Whether re-appointment is permissible in a tenure post (To this, the court said re-appointment is permissible in a tenure post, the age limit of 60 years won’t apply in the case of a re-appointment, and it is not necessary that re-appointment follow the same process as a fresh appointment.)
2. Whether the upper age limit of 60 years as stipulated in Section 10(9) of the Kannur University Act is applicable even in the case of reappointment for four years
3. Whether re-appointment has to follow the same process as the appointment of VC by setting up a selection panel
4. Did the Chancellor abdicate or surrender the statutory power of reappointment?
On the fourth question, the bench observed, “On facts and on certain principles of law, we have taken the view that the Chancellor abdicated or surrendered the statutory power of reappointment, rendering the entire decision-making process bad”, and allowed the appeal.
The court had earlier, during its many hearings on the matter, reportedly questioned the government as to how a person above 60 years could be re-appointed as VC.
As per the norms of Kannur University, those above 60 years of age cannot be appointed as VC. However, the government had contended before the court that the norm would not be applicable in the case of VC re-appointment. That is when CJI Chandrachud questioned the decision and observed that norms should be followed.
Governor Khan trains guns on Pinarayi
Buoyed by the verdict, Governor Khan said it vindicated his stand. He sought to train guns on his bete noire Chief Minister Pinarayi Vijayan, alleging the CMO exerted pressure on the Raj Bhavan on the matter.
Khan told reporters that he cleared Ravindran’s re-appointment after receiving the Advocate General’s opinion. Higher Education Minister R Bindu, who wrote two letters in her capacity as pro-chancellor, recommending Ravindran’s re-appointment, was not to be blamed as she was “used by the chief minister”, he said.
The Opposition UDF lost no time in seizing the political opportunity, and demanding the resignation of Bindu.
Bindu said the state government will abide by the apex court verdict. “I had recommended Ravindran’s reappointment on the basis of the legal advice from the Advocate General. The decision was taken by the governor. It is the discretionary power of the governor,” she told reporters.
(With PTI inputs)