stay-order

KOCHI: The High Court division bench has stayed the order of the single bench verdict to provide representative of Senate for the Search Committee to select VC for Kerala University within one month. The single bench had also said that if a representative is not given then under the UGC guidelines and University rules, the Chancellor can take action.

The single bench’s order that the Chancellor can take action if representative is not provided was challenged by Senate members A Vishnu, and Dr. N Pramod. The division bench comprising of Chief Justice S. Manikumar and Justice Shaji P Chaly took up their plea and gave a stay order. The appeals will be considered after Christmas holidays.

Senate member S Jayaram had given a plea seeking disbandment of Senate if it fails to provide representative to Search Committee. This led to the single bench’s order to provide representative within one month.

The stay was provided taking into account the argument that the UGC guidelines do not say that the Chancellor must give form to the Search Committee. According to 2018 guidelines, the UGC says its representative must be in the Search Committee. However, in the University rules, it says that the representatives of Chancellor, UGC and the Senate must be in the Search Committee, and that the Committee’s unanimously selected person must become the VC.

If there is an incompatibility between UGC guidelines and university rules, then according to a Supreme Court verdict, the UGC guidelines must be taken into consideration. According to this, the Chancellor has no authority to appoint a representative to Search Committee or to appoint a Convenor or to form a Search Committee. He can only execute the appointment of the VC suggested by the Search Committee, says the appeal.

The division bench evaluated that this appeal is similar to appeal related to the VC appointment at Technological University. The High Court division bench had earlier stayed the single bench verdict stating that representatives must be nominated to Search Committee within two or three months to appoint VC at Technological University.