Kochi: The Kerala High Court on Monday held that the vice-chancellors of the nine state universities can continue in their positions until the governor, who is also the chancellor, issues a final order following the show-cause notices issued to them today. All contentions of parties are left open.
In a special sitting held to consider the petition filed by the vice-chancellors, who were asked to resign by Governor Arif Mohammed Khan on Sunday, the high court asked whether the VC appointments were prima facie illegal. The question was put forward in the context of the Supreme Court verdict, which held the selection process repugnant of the University Grants Commission (UGC) norms void ab initio (void from the outset).
The bench held that it had reservations about the Chancellor's order as while on the one hand, he had asked the VCs to tender the resignation, he had also said they now cease to be VCs.
Meanwhile, the court has left open the matter of competence and jurisdiction of the Chancellor. The argument of the petitioners that the Chancellor has no powers to issue a show-cause has also been left open.
"If the SC order terming the appointment of the Technical University VC invalid is applicable, it was honourable of the governor to allow the nine VCs 24 hours to tender their resignations," observed the court.
The single bench of Justice Devan Ramachandran further asked the petitioners how would it be right to continue in one's post till they are called out. "The chancellor is the final authority with regard to appointments. In that context, is he not right in taking the present action?" asked the court.
When asked if the chancellor indeed possessed the authority to remove the VCs if he found their appointment invalid, the petitioners replied in the negative. The petition, filed by the VCs, asked the court that they be allowed to continue in their posts. It further termed the governor's notice illegal.
"Either the appointment should be questioned or the court should intervene. The chancellor can only take action in accordance with the law. The VCs cannot be removed otherwise," stated the petition.
The petition further asked the court to stay the governor's notice demanding their resignation and summon the documents that proved to be the basis for his action. "The governor should be directed against interfering in the matters of VCs and that he has no authority to demand their resignation at will," the petition demanded.
Two of the VCs are already on the way out: Kerala University vice-chancellor V P Mahadevan Pillai will retire on October 24 and A P J Abdul Kalam Technological University VC M S Rajashree's appointment had been annulled by the Supreme Court.
The other seven universities whose VCs have been asked to put in their papers are Mahatma Gandhi University, Cochin University of Science and Technology, Kerala University of Fisheries and Ocean Studies, Kannur University, Sree Sankaracharya University of Sanskrit, University of Calicut and Thunchath Ezhuthachan Malayalam University.
