HC annuls appointment of temporary V-Cs in two universities

A Division Bench of the Kerala High Court on Monday upheld a Single Bench order of May 19 that had termed as ‘not sustainable in law’ the appointment of K. Sivaprasad and Ciza Thomas as temporary Vice-Chancellors of APJ Abdul Kalam Technological University and the Kerala University of Digital Sciences, Innovation and Technology, respectively.

Monday’s order was passed by a Division Bench comprising Justice Anil K. Narendran and Justice P.V. Balakrishnan, while dismissing an appeal filed by Governor  Rajendra Vishwanath Arlekar, who is also the Chancellor of the two universities, challenging the single judge’s order.

While Mr. Sivaprasad had earlier been working as Professor, Department of Ship Technology, Cochin University of Science and Technology, Ms. Thomas had retired as Senior Joint Director from the Directorate of Technical Education.

The Division Bench said in its judgment that an order of temporary appointment of Vice-Chancellors, issued by the Chancellor in exercise of the powers under Section 13(7) of the Technological University Act or Section 11(10) of the Digital University Act, shall be for a period of not exceeding six months, in the aggregate.

Therefore, the Chancellor has no power to issue notifications appointing a person to exercise the powers and perform the duties of the Vice-Chancellor of the two universities, until further orders, pending regular appointment of the Vice-Chancellor. In such circumstances, the single judge cannot be found at fault for declaring the notifications as not sustainable in law, the Bench added.

The Bench reminded that the Chancellor and the State Government ought to act proactively to ensure that regular appointment is made to the post of Vice-Chancellor in the universities without any delay. This was after considering the stalemate in the administration of the two universities, which has been continuing for a considerable period, and which harmed their functioning and also the interest of the student community, it said.

Advocate General K. Gopalakrishna Kurup submitted that the Chancellor cannot appoint any person to exercise the powers and perform the duties of the Vice-Chancellor of the universities, unless the name was recommended by the government.

Referring to Section 13(7) of the Technological University Act, where the vacancy of Vice-Chancellor arises in any of the circumstances enumerated in clauses (i) to (v), the Chancellor may appoint the Vice-Chancellor of any other university or the Pro-Vice Chancellor of the technological university or the Secretary to Government, Higher Education Department, as recommended by the government, to be the Vice-Chancellor for a period not exceeding six months in the aggregate.

Likewise, as per Section 11(10) of the Digital University Act, if there was a temporary vacancy in the post of Vice-Chancellor due to any unforeseen reason, the Chancellor may appoint the Vice-Chancellor of any other University or the Secretary of the Electronics and Information Technology Department, as recommended by the government, to be the Vice-Chancellor for a period not exceeding six months, in the aggregate, the court observed.

Citing observations of the Supreme Court and how universities ought to function in an autonomous manner, the court further said being a leader and head of the institution, the V-C has to play an important role. The V-C functions as a bridge between the executive and academic wings of the university. As per norms, the V-C must be an eminent academician, and excellent administrator and also someone having high moral stature, it said.