Kerala HC nixes appointment of new Board of Studies at Kannur University

Kochi: Kerala High Court on Tuesday cancelled the notification issued by the registrar in-charge appointing a new Board of Studies of Kannur University.

The court said the reconstitution of the Board of Studies at Kannur University was against the statute.

The court passed the order on an appeal filed by Senate member V Vijayakumar and member of the Academic Council for Management Studies Shino P Jose challenging a single judge's dismissal of a writ petition filed by them against the reconstitution of the Board of Studies.

Earlier, the Division Bench had observed that prima facie the notification issued by the registrar in-charge appointing the new Board of Studies was not in consonance with the statutory provisions.

What petitioners argued

According to the petitioners, the notification issued on August 11, 2021, reconstituting the Board was illegal. In fact, many among them were not teachers, even in the broader sense of the term. The members appointed included not only corporate heads but teachers of self-financing colleges too.

Besides, the Syndicate had no authority to appointment members of the Board of Studies. The appellants contended that Chapter XIII of Statute IV of the Kannur University prescribed the nomination of chairman and members of the Board of Studies only by the Chancellor.

Kerala Governor Arif Mohammad Khan, who is also the Chancellor of the Universities, had also informed the Kerala High Court that the constitution of the new Board of Studies was against the statute.

"In the past, the Chancellor had reconstituted the Boards of Studies on receipt of proposals from the Vice-Chancellor, including the present incumbent VC. The exercise was carried out under the provision of law," the Governor had stated.

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.