THIRUVANANTHAPURAM: Governor Arif Mohammed Khan has cited the presence of a ‘non-academic’ in the search-cum-selection panel that chose them for serving show cause notice to three vice-chancellors out of the 11 he has targeted. Interestingly, Khan had earlier backed the inclusion of the chief secretary in the panel.
The governor changed the stand in accordance with the Supreme Court verdict that the UGC guidelines, which do not allow the inclusion of a non-academic in the vice-chancellor search committee, was paramount. An affidavit filed on September 13 in the Supreme Court on behalf of the governor in the KTU vice-chancellor appointment case had supported the inclusion of the chief secretary in the panel. The affidavit, accessed by TNIE, filed by the governor’s principal secretary said “the search committee constituted with chief secretary to the government is valid in the present circumstances.”
The affidavit also said the UGC Regulations of 2010 were amended in 2013 and it stipulates that “constitution of the search committee could be as per the act/statute of the university concerned.” The Raj Bhavan justified the affidavit saying it was given on the basis of an earlier verdict of the Kerala High Court.
“In a 2018 case relating to the appointment of a former vice-chancellor of MG University, the High Court did not make any adverse remarks on the inclusion of chief secretary in the panel,” said an official.
Meanwhile, the vice-chancellors who were given marching orders by the governor argued they can be removed only through the provisions of the respective university acts.
‘Only varsity Acts have provisions’
“Only the university acts have the provisions for removal of vice-chancellor and the due process should be followed,” said a VC who was among those served the show cause notice. For removing a VC as per the university Acts, an enquiry should be conducted by a person who is or has been a judge of the High Court or the Supreme Court, appointed by the chancellor for the purpose.
However, the Raj Bhavan is of the view that such a process was not required as the Supreme Court had already declared their appointments ‘void ab initio’. “The governor will give temporary charge to senior professors, drawn from various universities if the explanation given by the VCs is unsatisfactory,” said a source. This would be followed by fresh appointments in accordance with the UGC regulations.
In the show cause notice to the VCs, accessed by TNIE, Khan stressed that they had to resign so as to “initiate steps for making proper appointment in accordance with the law.”
The governor had earlier shortlisted a panel of around a dozen senior professors who could be given temporary charge. However, “alternative arrangements” will be put in place only after the deadline for the VCs to respond to the show cause notice expires, the source said.