THIRUVANANTHAPURAM: In a shocking development, Governor Arif Mohammed Khan on Sunday asked vice-chancellors of nine state universities to submit their resignations by 11.30am on Monday.
Coming barely hours after the LDF announced its plans to organise protests against the governor, the move is being seen as his retaliation to the Left front’s offensive. It also has legal experts divided. Interestingly, the VCs asked to quit include Kerala University’s V P Mahadevan Pillai whose term ends the same day.
The state government is learnt to have advised the VCs to stay put. Sources said the government has taken the opinion of legal and constitutional experts and is likely to move the court against the order. Khan’s directive came in the wake of Friday’s Supreme Court verdict quashing the appointment of the APJ Abdul Kalam Technological University VC. The court said a VC search-cum-selection committee constituted contrary to the norms or appointment made on the basis of single-name panel shall be “illegal and void ab initio.”
In a letter to VCs, Khan said in view of the judgement, the appointments made in state universities contrary to the law have to be rectified. He said fresh appointments are to be made to these posts in accordance with the law.
Six VCs of Kerala University, Mahatma Gandhi University, Kerala University of Fisheries and Ocean Studies, Kannur University, APJ Abdul Kalam Technological University and Sree Sankaracharya University of Sanskrit have to step down as only a single name was provided by the search-cum-selection committee to the chancellor for the appointment.
VCs of Thunchath Ezhuthachan Malayalam University, Calicut University and Cochin University of Science and Technology were asked to quit as a “non-academician” (chief secretary) was part of the three-member VC selection committee.
Higher Education Minister R Bindu termed the governor’s move unfortunate and unprecedented. “It’s unfortunate that a governor issues such a diktat asking all VCs to quit without any consultation with the government,” she said.
Governor action won’t stand legal scrutiny, says expert
Legal experts were divided. Senior advocate George Poonthottam said the governor, being the chancellor, was bound by the SC’s declarations of law. “The SC verdict is the law of the land. When the law is thus declared, a person holding charge after taking oath as per the third schedule of the Constitution (governor) is obliged to act in accordance with said judgement,” he said.
However, senior advocate Haris Beeran felt the governor exceeded his brief. “A governor cannot go ahead and implement SC verdicts issued on daily basis on the premise that it is the law of the land. If he is exercising his powers as chancellor, it should be through due process laid down in the respective Acts,” he said. Legal expert Sebastian Paul opined that governor’ action constitutes ‘legal infirmity’ and won’t stand legal scrutiny.
“The law also states that VCs should be given a show-cause notice specifying the reason. Further, a committee, headed by a sitting or retired high court judge, should be appointed before going ahead with the removal,” he said.
(With inputs from Kochi)
Four of nine VCs shown door were appointed by Governor
Governor Arif Mohammed Khan's decision to appoint four of these academics has come under the scanner.
In December last year, a search committee, constituted by Khan to shortlist a VC for the Sanskrit University had recommended only the name of M V Narayanan to the post. The minutes of the search committee meeting, accessed by TNIE, showed that the panel had shortlisted seven candidates “who met the eligibility criteria.” However, the committee unanimously proposed Narayanan’s name, saying he was “far superior to other candidates’’.
The governor had publicly criticised the search committee’s recommendation of a single person instead of a “panel of names” as laid down in the UGC regulations. The governor, who did not take a decision on the search committee’s recommendation for three months, appointed Narayanan to the post in March this year. This was reportedly at the insistence of the government.
“The governor’s opposition to the recommendation of a single person by the search committee clearly showed that he was aware it was a violation of UGC regulations. So the appointment of the same person later is mysterious,” said R S Sasikumar of the Save University Campaign Committee.
Prior to the appointment of Sanskrit University VC, the governor had also appointed M K Jayaraj as VC of Calicut University and K Riji John as Fisheries University VC. While the search committee for Calicut University VC comprised a non-academician (Chief Secretary), only a single name was proposed by the search committee for Fisheries University’s VC. Though both were in violation of the UGC regulations, there was no opposition from the governor.
The reappointment of Gopinath Ravindran as Kannur University VC was also done by Khan. However, when the reappointment turned controversial, the governor admitted his “mistake”. He also accused Chief Minister Pinararyi Vijayan of “exerting influence” on him to appoint the academic who hails from Kannur.
Governor calls up KU VC, exerts pressure to quit
T’Puram: Governor Arif Mohammed Khan had reportedly exerted pressure on Kerala University Vice-Chancellor V P Mahadevan Pillai to resign before issuing marching orders to nine vice-chancellors, it is reliably learnt. The governor, who telephoned Pillai on Sunday afternoon, asked him to tender his resignation. According to sources, it was to avoid a situation where Pillai had to resign on the very day his term ends. However, Pillai said he would not resign and said the governor was free to terminate him if he wants. By Sunday evening, the governor wrote to the nine VCs asking them to resign by 11.30 am.