In a significant ruling, the Kerala High Court on Tuesday quashed the nominations made by Governor Arif Mohammed Khan to the Senate of the University of Kerala, citing irregularities and lack of merit. The court directed the Governor to select fresh nominees within six weeks, considering the claims of the petitioners and in accordance with the Kerala University Act, 1974.
The court's decision came on two separate petitions filed by four students challenging the nominations made by the Governor in the categories of Fine Arts, Sports, Humanities, and Science. The petitioners alleged that the normal procedures were not followed, and persons with no merit were nominated to the Senate.
Justice Mohammed Nias CP observed that the Chancellor's nominations were arbitrary and violated the rule of equality and non-discrimination enshrined in the Constitution. The court said that even though no procedure was stated in the statute, the persons nominated must be of outstanding academic ability, which was not the case with the current nominees.
The court's order is seen as a setback for the Governor and a victory for the ruling Left government in Kerala, which had opposed the nominations. State Law Minister P Rajeev welcomed the decision, saying that the Chancellor of Universities cannot be seen as a "sovereign republic." CPI(M) state secretary MV Govindan termed the court decision as a blow to the "political games" of the Governor and a vindication of the government's approach to higher education.
The court's ruling is expected to have implications for the Governor's nominations to other universities in the state, which have also been challenged in court. The Governor's actions have been seen as an attempt to politicise the universities and undermine the autonomy of the institutions. The court's decision has sent a strong message that such actions will not be tolerated and that the rule of law and merit will prevail.