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NDTV
14-07-2025
- Politics
- NDTV
Court Quashes Kerala Governors Vice Chancellor Picks, Urges Lawful Appointments
Kochi: In a setback to the Kerala Governor, who also serves as the Chancellor of major universities in the state, the High Court on Monday dismissed writ petitions challenging a single judge's verdict that declared the temporary appointments of Vice-Chancellors at APJ Abdul Kalam Technological University and Kerala Digital University as unsustainable. The appeals were filed by the Chancellor and others, against the May 19, 2025 judgment which said the appointments were made without following proper legal procedure. The controversy began after the Chancellor appointed two persons--Ciza Thomas to the Kerala Digital University and K Sivaprasad to the APJ Abdul Kalam Technological University --to the temporary posts of VC through notifications issued on November 27, 2024. These appointments were made under the respective University Acts, citing powers to fill the post for a maximum of six months in the absence of a regular VC. However, the state government challenged the appointments, arguing that they did not follow the procedure laid down in the Acts -- which require a panel of names to be recommended by the government -- and did not comply with University Grants Commission (UGC) regulations. The High Court's Division Bench, comprising Justices Anil K Narendran and P V Balakrishnan, upheld the single judge's ruling, agreeing that the notifications lacked legal backing. The court observed that although the appointments were temporary, they still required adherence to the statutory process, including the submission of a panel of at least three eligible names by the government. The judges also emphasised the importance of the VC's role, calling them the "bridge between academic and administrative functions" of a university. They referred to earlier Supreme Court judgments which stressed that VCs must be selected independently, without political or external pressure, and in the best interest of the university. While dismissing the appeals, the court noted the ongoing administrative deadlock in both universities and its negative effect on students. It urged the Chancellor and the state government to act promptly to make regular VC appointments in line with the law and UGC norms. "Considering the stalemate existing in the administration of the Technological University and the Digital University, which is continuing for a considerably long period, and which had an adverse impact on the functioning of the said universities and the interest of the student community, we are of the view that the Chancellor as well as the State Government will have to act pro-actively, to ensure that regular appointment to the post of Vice-Chancellor in the said Universities are made, without any further delay," the court said. The court also clarified that the UGC's 2018 regulations regarding qualifications and appointment procedures for university teachers and academic staff would override any conflicting provisions in state legislation. The verdict has come as a relief for the CPI(M)-led Left government, which has been at odds with the Governor over the administration of universities in the state. Welcoming the HC order, Higher Education Minister R Bindu said the court had confirmed that the Governor's actions in appointing Vice-Chancellors were unlawful. She said the High Court's rejection of the Governor's appeal supported what the state government had been saying all along. "The Governor has powers, but when he crosses the limits, it causes problems," the minister said. She also called the Chancellor's move --which she claimed could damage the reputation of universities --disgraceful. General Education and Labour Minister V Sivankutty also welcomed the ruling, calling it a win for the government's efforts to ensure transparency in the education sector.
New Indian Express
20-05-2025
- Politics
- New Indian Express
'Order appointing KTU temporary V-C unsustainable': Kerala HC
KOCHI: The Kerala High Court on Monday declared unsustainable in law a notification issued by the Chancellor appointing K Sivaprasad, Professor, Department of Ship Technology, CUSAT, as temporary V-C of APJ Abdul Kalam Technological University. Justice Gopinath P, while allowing a petition filed by the state government, however, made it clear that the declaration will not have the effect of dislodging Sivaprasad from the office as his tenure is to expire on May 27. Besides, the court observed that it need not at present interfere with the appointment as frequently changing persons holding the office may not be conducive to the interest of the university and its students. The court directed the government to take steps to recommend to the chancellor the names of persons possessing the qualifications prescribed by the UGC, who can be appointed as a temporary V-C of the university pending the selection of a V-C on a regular basis. The government should take steps to fill the post of V-C of the university in accordance with the provisions contained in Section 13 of the 2015 Act on a regular basis, keeping in mind the provisions of the UGC Regulation on Minimum Qualification for Appointment of Teachers in Universities and Colleges, 2018. The court clarified that the UGC Regulation on Minimum Qualification for Appointment of Teachers in Universities and Colleges, 2018, will govern the method of appointment of the V-C of the university, notwithstanding any contrary provision in the 2015 Act.
Time of India
19-05-2025
- Politics
- Time of India
Appointment of K Sivaprasad as temporary vice-chancellor of technological university is not sustainable in law: Kerala high court
Kochi/Thrissur: High court has held that the appointment of K Sivaprasad as the temporary vice-chancellor (VC) of APJ Abdul Kalam Technological University (KTU) by the chancellor is not sustainable in law, as it was made without the recommendation of the state govt, contrary to the provisions of the University Act. The judgment, delivered by Justice P Gopinath, came while considering a petition by the state govt challenging the notification issued by the then chancellor, Arif Muhamed Khan, in Nov 2024. HC observed that sub-section (7) of Section 13 of the APJ Abdul Kalam Technological University Act, 2015, mandates that the power to appoint a temporary VC must be exercised only on the recommendation of the state govt. The state had contended that Sivaprasad, a professor at Cochin University, was appointed in violation of this requirement. Agreeing with the state's argument, HC held that the impugned notification was legally unsustainable. However, noting that the statutory tenure for a temporary VC is limited to six months, and that Sivaprasad's term is set to expire on May 27, HC declined to interfere with the notification at this stage. The court directed the state govt to recommend to the chancellor the names of individuals who possess the qualifications prescribed under the University Grants Commission (UGC) regulations, for appointment as temporary VC pending the selection of a regular appointee. It further clarified that the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges, 2018, would govern such appointments. Meanwhile, higher education minister R Bindu welcomed the HC order. She said that the former chancellor had repeatedly violated the rules in the Act, despite the court directives to follow the rule. Chancellor is expected to abide by the laws which he himself cleared as Governor. Such a situation where the courts have to remind him of this important convention, is something that must be avoided, Bindu added.
