KOCHI: The Kerala High Court on Monday held that the vice chancellors of 9 universities who were directed to tender resignation by Governor Arif Mohammad Khan can continue in their positions until the Governor issues a final order.
The Governor has issued a show cause notice to the vice chancellors and they have been given time till November 3 to submit their arguments. The vice chancellors will be eligible to continue in their positions in full compliance with law and regulations till the chancellor issues a final order, held Justice Devan Ramachandran who held a special sitting to hear the case at 4 pm on Monday.
The vice chancellors had approached the court alleging that the Governor who is also the chancellor of universities directed them to resign without following the procedure. The Governor directed the VCs to resign in the backdrop of the Supreme Court order settings aside the appointment of Kerala Technological University vice chancellor as the UGC regulations were not followed.
The petitioners asserted that the communication from the Governor was illegal, incompetent and beyond the jurisdiction of the Governor. They argued that the Supreme Court order in the case of Kerala Technological University has no bearing on them. The counsel for the petitioners the Governor thrust his decision on them without giving an opportunity to present their view.
They contended that the action of Chancellor is in flagrant violation of principles of fair play and natural justice.
The petitioners argued that the judgement referred to by the chancellor in the impugned communication could not apply to petitioners as SC had delivered the judgement considering the 2010 UGC regulations, while they were appointed under 2018 regulations.
The counsel for the chancellor argued that the communication to VCs was issued in good faith and with the intent to notify that their appointments were illegal. To save them the ignominy they were given the option for honourable exit.
The Governor acted in good faith as he is fully aware that all are working for same system. The chancellor had no option but to act in the light of SC judgements