PALAKKAD: A day after Kerala Governor Arif Mohammad Khan asked vice chancellors of nine universities to resign, Chief Minister Pinarayi Vijayan lashed out against the governor saying he was misusing his position to wield powers which he did not have. "The actions of the Governor are unconstitutional and undemocratic," the CM said, addressing a news conference here.
The Governor as the Chancellor cannot ask the vice chancellors to resign based on the verdict of the Supreme Court. The directions of the apex court was applicable only to the vice chancellor of the Kerala Technological University (KTU), Vijayan pointed out.
The CM said that the governor who is the Chancellor is ignoring the laws and justice which is prevailing in the country.
Vijayan said that no person with self-respect can walk out from the post of vice chancellor when asked to by the Chancellor one fine morning.
"Just because somebody (Governor Khan) acts illegally and according to his whims and fancies, doesn't mean his order will be implemented," the CM said, adding that there were legal remedies available for the government.
Secondly, a vice chancellor can be removed only if the person had misused funds and for bad behavior. Moreover, these allegations should be enquired by a judge of the high court or the supreme court, said the Chief Minister.
Vijayan said that the actions of the governor amounted to interfering on the powers of the Government and academies which are supposed to function democratically and independently.
"No one who believes in democracy would subscribe to such actions. The post of Governor which is a product of the colonial era was not intended to act against a democratically elected Government. The powers and responsibilities bestowed on the Governor by the constitution is intended to uphold the interests of the state and the people" he said.
Vijayan said that the Governor was acting at the behest of the Sangh Parivar forces.
"The Universities in the state were centres of excellence in academics . The Governor was waging a war intended to damage the credentials of the universities," the CM said.
The Governor had said that the students of the State was going outside the country to pursue higher studies as the quality was low here. If that was the case, how are the students who studied here getting admission in the Universities abroad, the Chief Minister quizzed.
The Governor was stating that the UGC guidelines were not observed while appointing the vice chancellors of various universities. In all these universities, the Governor was the appointing authority and that he was primarily responsible for it. Therefore, based on the logic of the Governor himself, is it the vice chancellors who should resign? It needs to be pondered over, said the Chief Minister.
The Supreme court has not said that the vice chancellor of the KTU did not have academic qualifications . It has only stated that the guidelines have not been followed. Moreover, the Government had the opportunity to file a review petition. The Chancellor was using the situation to destabilize the administration of all the universities. Such actions were a denial of natural justice in the field of higher education . The unilateral action of the Chancellor was being taken without even hearing the side of the vice chancellor.
The Chief Minister said that the number of members in the search committee, the names of members of the panel given by it is being done by the statute of the respective universities all over the country. In many states, the representatives of the Government were members of the selection/search committees for the appointment of the vice chancellor. In Karnataka, it is the Government which constitutes the four-member search committee to select the vice chancellor of the state universities in Karnataka.
Similarly, the number of members of search committees differ from state to state in the universities. The number of members of search committees vary from three to seven in various universities to appoint the vice chancellor. The nominations to the search committees was being done in a different manner in the universities in various states.
Under the Uttar Pradesh Universities Act 1973 , a judge of the Allahabad high court or the chief justice himself or the representative of the chief justice will be a member of the search committee.
Similarly, in Madhya Pradesh , the chief justice of the High court or his nomine will be a member of the search committee. All these facts were being ignored by the Governor and was instead clinging on to technicalities and demanding that the nine vice chancellors quit office, said the chief Minister .
The Governor should not think that he can wield powers which he actually did not have.
Ordinance: The chief Minister said that bills and ordinances passed by the assembly were returned without his signature. "We object to such actions of the Governor. A total of 11 ordinances have lapsed due to such actions," the CM said.