HC stay order on search committees in Kerala universities; State's delay tactic pays off

Kannur: The LDF government's strategy of delay and counter-attack in its ongoing dispute with Governor Arif Mohammed Khan over the control of state universities seems to yield favourable outcomes. On Thursday and Friday, July 18 and 19, the High Court of Kerala stayed the proceedings initiated by Governor Khan to appoint regular Vice-Chancellors in the four state universities -- Kerala University of Fisheries and Ocean Studies (KUFOS), University of Kerala, Mahatma Gandhi University and Thunchath Ezhuthachan Malayalam University.

Justice Ziyad Rahman A A stayed the proceedings for one month after admitting four separate petitions filed by the state government, and senate members. Governor Khan, the Chancellor of state universities by virtue of office, had constituted Search-Cum-Selection Committees in six universities to appoint regular Vice-Chancellors. They are KUFOS, Technological University, Malayalam University, University of Kerala, MG University and Kannur University.

The Acts of the last three universities give the Chancellor the power to form the search committees to appoint VC. The petitioners, including the government, adopted a two-pronged strategy in the court. One, they argued that the Chancellor did not have the right to constitute the 'Search-cum-Selection Committees' for appointing Vice-Chancellors, which is true for seven state universities; and two, they said the three-member search committee is incomplete as the universities have not nominated its member, said RS Sasikumar, chairman of Save University Campaign Committee, a whistleblower organisation.

Since the Acts have not specified that the Chancellor should form the committee, the government has taken the position that it has the power to create the committee under Article 246 (3) of the Constitution, which gives states the power to make laws for any matters in the State List in the Seventh Schedule. The bench of Justice Rahman said that there were lapses on the part of the universities by not nominating members to the search committee but it did not allow the chancellor to set up search committees that did not follow the universities' Acts.The judge has made UGC a party to the case.

However, the Acts of five universities -- University of Kerala, MG University, Cochin University of Science and Technology (CUSAT), University of Calicut, and Kannur University -- explicitly give powers to the Chancellor to constitute the search committees for select VCs. The Acts of seven state universities --   Thunchath Ezhuthachan Malayalam University, KUFOS, the Kerala University of Health Sciences, APJ Abdul Kalam Technological University, and Kerala Agricultural University (KAU), Kerala Veterinary and Animal Sciences University, and Sree Sankaracharya University of Sanskrit -- are silent on who should form the search committee to appoint the VC.

According to the Acts of the non-professional state universities, the three-member Search Committee should have a nominee from the UGC's chairman, a nominee from the Chancellor, who will be the convenor, and a nominee from the respective university's senate or governing body.

The 2018 UGC regulations insist on only the nominee of UGC chairman. The LDF-controlled senates of state universities are resorting to not nominating members to the search committees to delay the appointment of VCs. They did it in Kerala University in February and in Kannur University on  July 19.

Kannur University withdraws agenda
On Friday, Kannur University Vice-Chancellor in-charge Prof K K Saju convened a special meeting of the Senate to elect its member to the Chancellor's Search-cum-Selction Committee to appoint VC. But as soon as the meeting started Senate member and Kannur District Panchayat President Divya P P sought the permission of the chair, Prof Saju, to introduce a resolution declaring that the Senate would not nominate a member to the Search Committee. The VC was inclined to allow the resolution but UDF members opposed the move saying a new resolution or agenda could be introduced only after serving notice to members at least five working days before the meeting. 

"In case of emergency, the VC may allow the revised agenda if the members are served the revised agenda paper at least 24 hours before the meeting," Dr Shino P Jose, Convenor of UDF Senators' Forum said, quoting Chapter 6 Clause 14 (3) of the university's Statute. Prof Saju then said he would allow the resolution subject to a legal review later. But then the LDF Senate members changed their minds and wanted to drop the agenda to nominate a member to the Search Committee altogether. "We opposed it saying the special meeting was convened based on the agenda and it cannot be dropped," said Dr Jose.

But Vice-Chancellor in-charge Prof Saju said he would put to vote the demand to drop the agenda provided Divya withdrew her move to introduce the resolution. She agreed. With a two-thirds majority for the LDF in the Senate, the agenda to nominate a member to the search committee constituted by the chancellor was dropped. The UDF senate members called it illegal and condemned the VC in-charge, appointed by Chancellor Khan, for succumbing to the pressure of LDF senators.

"What happened at Kannur University was the copybook strategy deployed by the University of Kerala's senate," said RS Sasikumar. 

On February 16, Vice-Chancellor in charge Mohanan Kunnummal convened the Senate meeting with the single agenda to nominate the university's members to the Chancellor's search committee. In a surprise move, Higher Education Minister R Bindu arrived at the meeting and chaired the session as the Kerala University's senate as Pro-Chancellor. She then said the LDF-based members had come up with a resolution declaring the meeting to choose a member for the search committee was illegal.

Without discussion, the minister declared the resolution as passed, leading to a heated discussion with Prof Kunnummal and loud protest from pro-UDF senate members and 17 senate members appointed by the Chancellor. Though the LDF senate members, who are in the majority, left the meeting, the UDF senate members and Chancellor's senate members stayed back and proposed former V C of Sanskrit University MC Dileep Kumar and former vice chancellor of Kerala University of Health Sciences MKC Nair as their respective nominees.

In the high court, however, the government and pro-LDF senate members took the stance that the university did not nominate its members to the committee, said Sasikumar. "This is the double game they are playing," he said.

The matter is in Supreme Court
CPM's State Committee member and Udma MLA C H Kunhambu, a member of Kannur University's Senate, said that the agenda was withdrawn because the matter is pending before the Supreme Court. He said the Kerala Legislative Assembly amended the constitution of the search committee but the Governor did not give his assent and sent the bill to the President though the matter was a state subject. When the President withheld the bill, the government of Kerala on March 23 approached the Supreme Court challenging the Governor's decision to send the bills to the President. "Let the Supreme Court decide," said Kunhambu.

In November 2023, the Supreme Court quashed the reappointment of Kannur University  Vice Chancellor Prof Gopinath Ravindran in November and pulled up Chancellor Khan for abdicating or surrendering his statutory powers, and accused the Kerala government of unwarranted intervention in the appointment of the VC. Since then, Governor Khan has been playing a proactive role in the affairs of state universities of Kerala.

The Acts of the state universities give an upper hand to the Governor, an agent of the Union government, in the appointment of Vice-Chancellors. The Acts of Kannur University, University of Calicut, MG University and University of Kerala say that the Chancellor shall constitute the three-member search-cum-selection committee to appoint the Vice Chancellor.

 The Acts also say that if the committee members do not arrive at a consensual candidate, each of the three members can recommend three candidates, and the Chancellor shall select the Vice-Chancellor from the panel, giving the last word to the Chancellor. Thunchath Ezhuthachan Malayalam University Act, 2013, is silent on who should constitute the search committee, and if there is no unanimous choice, the chancellor may accept the opinion of the majority of the members. It does not delve into the possibility of the three members disagreeing with one another. The KUFOS Act, Kerala Agricultural University Act, and also the Kerala University of Health Sciences Act are not clear on who should constitute the search-cum-selection committee. But in all cases, the Chancellor is the appointing authority.

To change the power equation, the Kerala Assembly passed the Kerala University Laws (Amendment No 2) Bill, 2022, which divests the Governor from the position of the Chancellor of universities. In several universities in Gujarat, Maharashtra and Tamil Nadu, the chief minister is the chancellor, said Sasikumar.

The Assembly also passed the University Law Amendment Bill, 2022, that expanded the search committees for Vice-Chancellors to five members: i) the Vice-Chairman of Kerala State Higher Education Council will be the convenor; ii) nominee of the chancellor; iii) nominee of the government; iv) nominee of the UGC; v) and nominee of the syndicate, the highest decision-making body of a university. Both the bills and another related to technical university are withheld by the President. Sasikumar said the Save University Campaign Committee would implead in the case because there is an effort by both the Union government and the State government to control universities.

"This is the year when the state government rolled out the four-year undergraduate programmes. Students were given the syllabus for only the first year. Teachers do not have orientation and universities do not have VC. We cannot allow students to suffer," he said.