HC says appointment of Kannur university board of studies not in consonance with rules

The High Court of Kerala said that an unborn child need not be distinguished from a newborn.

Kochi: The Kerala High Court in its interim order has held that the appointment of the members of the board of studies of Kannur University is prima facie not in consonance with the rules and act of the university. 

The Division Bench comprising chief justice S Mani Kumar and Justice Shaji P Chaly gave the interim order on an appeal after considering the explanation of the Governor who is also the chancellor of the university.

The court directed to issue notices to the opposite party -members of the board of studies. The matter will be taken up again on January 17.

The Governor had explained that as per the rules it is the chancellor who has to nominate the chairman and members of the board of studies and the syndicate has to carry out the appointments.

The explanatory note citing the above points was submitted before the court by Chancellor’s standing counsel M U Vijayalakshmi.

The Governor clarified that earlier the board of studies was constituted on the basis of the recommendation of the vice-chancellor and the incumbent vice-chancellor had also given similar recommendations earlier.

The appeal came up before the division bench after a single bench rejected the petition filed by university senate member V Vijayakumar, academic council member Dr Shino P Jose pointing out that the members of the board of studies were appointed by usurping the powers of Chancellor and people who did not fulfil the eligibility criteria were appointed.

Senior advocate George Poonthottam had submitted a list on behalf of the petitioners explaining the powers of the chancellor and syndicate in appointing the members of the board of studies and the procedure of such appointments in various other universities.

The previous syndicate meeting had accepted the direction for amending the rules to facilitate the appointment of members of the board of studies directly by the syndicate and without the recommendation of the governor. Though the decision was sent to the governor for his assent, he has not signed on it yet.

The syndicate move came after the Governor announced that he would quit the post of Chancellor. 

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