THIRUVANANTHAPURAM: In a big setback for the Kerala Governor, the High Court Division Bench ruled that it was illegal for interim VCs to continue beyond the permissible six months and opined it was against the best interests of the universities.
The single bench order found the Governor's action in appointing interim VCs to Kerala Digital and Technical Universities as illegal. The Governor, who is also the Chancellor, filed an appeal but was dismissed.
Dr. Ciza Thomas from the Digital University and Dr. K. Sivaprasad from the Technical University will have to resign following the court order. The division bench also rejected their petitions. The term of both of them had ended on May 27.
The division bench comprising Justice Anil K. Narendran and Justice P.V. Balakrishnan also directed the Chancellor and the government to take immediate steps to appoint permanent VCs in both places.
The Governor will approach the Supreme Court against the order. The move is to file a special leave petition, stating that the Chancellor has the authority to appoint the VC as per the UGC norms and in adherence to the Supreme Court order. It is mentioned in Section 11(10) of the Digital Universities Act and Section 13(7) of the Technical Universities Act that the Chancellor should decide on the appointment of temporary VCs as per the government's recommendation. The Chancellor had argued that the decision was taken as per the UGC regulations in this regard and that the central law is superior.
Former Governor Arif Muhammad Khan appointed the temporary VC without considering the government's recommendation. The single bench issued the order on May 19 this year on a petition filed by the government challenging the notification issued by the Chancellor on November 27, 2024.
1. The High Court has clarified that the UGC regulations do not provide for the appointment of interim VCs, and the university rules in this regard are therefore independent.
2. In the case of a technical university, the VC of any other university, the Pro Vice Chancellor or the Secretary of Higher Education of the university itself, should be appointed as interim VC on the recommendation of the government.
3. In the case of a digital university, the VC of any other university or the Secretary of the Department of Electronics and Information Technology should be appointed as interim VC on the recommendation of the government.