The Kerala High Court, on Monday, held that the vice-chancellors of nine universities in the state, who were directed to tender resignation by Governor Arif Mohammad Khan in his capacity as Chancellor of the universities, can continue in their positions until he (Khan) issues a final order.
In a special sitting held on Monday, a single bench of Justice Devan Ramachandran observed that the letter issued by the Governor directing the vice-chancellors of the nine universities to resign, was no longer valid since the Governor himself later issued show-cause notices asking them (the VCs) for their response. The court, therefore, ruled that the vice-chancellors could continue in their posts till the Governor passes a final order, after following the procedure under the law.
“Till such time as the Chancellor issues a final order against any of the petitioners, the petitioners remain as vice-chancellors, subject to the law,” the order said.
The Governor has, on Monday, issued a show-cause notice to the vice-chancellors asking them to submit their arguments by 3 November
The court expressed its reservations regarding the Governor’s communiqué issued on 23 October which asked the VCs to resign by 11.30 am today.
The court made it clear that every issue, including the jurisdiction of the chancellor, is left open.
“The arguments of the petitioner that the chancellor does not have jurisdiction to even issue the show cause notices is left open and the remedies to impugn the same are left open to the petitioners,” the court said.
The vice-chancellors had approached the court alleging that the Governor who is also the chancellor of universities directed them to resign without following the procedure. The Governor directed the VCs to resign in the backdrop of the Supreme Court order settings aside the appointment of Kerala Technological University vice chancellor as the UGC regulations were not followed.
In an extraordinary move, Governor Arif Mohammed Khan, in his capacity as Chancellor of the universities in the state, has on Sunday asked the vice-chancellors of nine universities in the state to resign from their posts before 11.30 am on Monday.
The unprecedented action of the Governor was based on the recent Supreme Court order which quashed the appointment of APJ Abdul Kalam Technological University Vice-Chancellor Dr. Rajasree M S, for non-compliance with the UGC rules.
The apex court had on 21 October quashed the appointment of APJ Abdul Kalam Technological University Vice-Chancellor Dr. Rajasree M S, observing that as per the University Grants Commission(UGC) rules, the search committee constituted by the state should have recommended a panel of not less than three suitable persons among eminent people in the field of engineering science to the chancellor but instead it sent only one name.
During the hearing of the case, the petitioners’ counsels argued that the judgment referred to by the chancellor in the impugned communication could not apply to petitioners as the Supreme Court had delivered the judgment considering the 2010 UGC regulations, while they were appointed under 2018 regulations.
They further argued that as per the provisions of the University Act, the Chancellor can remove a Vice Chancellor only on the grounds of misappropriation, mismanagement of funds, or misbehavior by an order in writing.
At one point of the hearing, the court asked how the Governor could have said that the vice-chancellors will cease to be in office with effect from 22 October if he is of the opinion that their appointments were void ab-initio.
The counsel for the chancellor argued that the communication to vice-chancellors was issued in good faith and with the intent to notify them that their appointments were illegal. To save them the ignominy they were given the option for honourable exit.
The Governor acted in good faith as he is fully aware that all are working for the same system. The chancellor had no option but to act in the light of Supreme Court judgments, the counsel for the chancellor further argued.