Kerala HC strikes down Vice-Chancellor appointment by Kerala Governor

The Kerala High Court on Monday held that the Governor's appointment of an ad interim Vice-Chancellor for APJ Abdul Kalam Technological University was illegal.

It ruled that the appointment was not in accordance with the correct procedure prescribed by law.

The state government had filed the case, questioning a notification (Ext.P9) made by the Chancellor (Governor of Kerala) on November 27, 2024. It was a notification that had appointed Dr K Sivaprasad as acting Vice-Chancellor of the university after the previous appointee, Dr Saji Gopinath, resigned.

The court decided that according to Section 13(7) of the University Act, the Governor cannot appoint anyone as Vice-Chancellor without the recommendation of a name from the state government.

As Sivaprasad's name was not recommended by the government, the court declared the appointment invalid. The court did not, however, oust Sivaprasad at once, observing that his tenure expires on May 27, 2025.

The court directed the government to provide a new list of worthy names to the Governor at the earliest. It also instructed the government to expedite the normal appointment process for a new Vice-Chancellor.

Significantly, the court stated that any appointment to the post will have to be made in accordance with the University Grants Commission (UGC) regulations 2018. Kerala's CPI(M) government welcomed the High Court judgment, saying it was a clear message against the conduct of the Governor and a step in favor of federal values.

"The court has made it very clear that temporary Vice-Chancellors should only be appointed from the panel of names selected by the state government," CPI(M) state secretariat stated in a release.

The party condemned ex-Governor Arif Mohammed Khan for going against this rule while making appointments of Vice-Chancellors to the APJ Abdul Kalam Technological University and the Digital University of Kerala.

Though the court did not revoke the appointment of the present acting Vice-Chancellor as his tenure is over on May 27, CPI(M) asserted the judgment is a strong message that such encroachments should not occur in the future.

CPI(M) stated this is also a clear warning to the BJP government at the Centre, which has been accused by it of using Governors to advance political agendas in universities. CPI(M) also castigated the Congress-led UDF in Kerala, stating that it backed the former Governor's efforts to introduce RSS-supported policies to higher education.

The court verdict, they stated, is a blow to such political positions and a triumph for democratic and federal ideals.