KOCHI: The High Court has declined to interfere with the petition filed by Governor Arif Mohammed Khan in his capacity as Chancellor, seeking clarification on a previous judgment of the court with regard to the temporary appointment of a Vice-Chancellor.
While disposing of the appeal filed by the state government with regard to the temporary appointment to the post of VC at APJ Abdul Kalam Technological University on February 16, 2023, the division bench had made it clear that the Chancellor has been conferred with the power to appoint persons, who possess the necessary qualifications as prescribed by the UGC, as VC.
The Chancellor, in that process, cannot overlook the authority of the state government to recommend any qualified person for appointment as VC.
When a statute prescribes a particular mode, be it directory or mandatory, that has to be followed for such an appointment and cannot be disregarded while making such an appointment, held the Bench.
While closing the petition of the Chancellor seeking clarification, the Bench said: “In the appeal, the court had only considered a matter regarding ‘ad hoc’ appointment of VC when there was a vacancy.
It is stated in the judgment that the government is free to provide a panel of names to the Chancellor; that was in the context of statutory provisions. We may not be able to interpret our judgment in the light of the Apex Court judgment or any other judgment.”