Kerala High Court Stays Chancellor's Order Removing Calicut University VC

The Kerala High Court on Thursday stayed the order of Governor and Chancellor Arif Mohammed Khan removing MK Jayaraj as the Vice-Chancellor of the Calicut University. However, the court refused to interfere in the removal of MV Narayanan, Vice-Chancellor of the Sree Sankaracharya University of Sanskrit.

The court was hearing petitions challenging the Chancellor's order stating their appointments to be void ab initio due to the inclusion of the Chief Secretary in the search committee, which he considered to be violative of UGC Regulations.

The bench of Justice Mohammed Nias CP pointed out the relevant work history of the Chief Secretary and rejected the argument that the chief secretary cannot be construed as a person of eminence from the field of higher education. The court also noted that while regulations 7.3(i) mention academics, the same is absent in 7.3(ii) and as such, concluded that those individuals from the field of higher education need not necessarily be academics.

On March 7, the Chancellor passed the order terming their appointment ab initio void by citing that it violates UGC Regulations. The Chancellor found that the constitution of the Search Committee was not in terms of the UGC Regulations 2018, thus vitiating the selection and held that the appointment of the Vice Chancellor of Dr M.K.Jayaraj is void ab initio, and directed him to vacate the office forthwith.

The Chancellor based his conclusion on the fact that the Search Committee had the then Chief Secretary as a member and, further, that the nominee of the Senate, Dr V.K.Ramachandran had nothing to do with the field of Higher Education at the relevant time.

Additionally, the Chancellor found that as only one name had been suggested by the Search Committee in the case of the Vice Chancellor of the Sree Sankaracharya University of Sanskrit, their appointment is also in violation of the UGC Regulations.

Senior counsel Shri Ranjit Thampan for the petitioners argued that no illegality can be found in the constitution of the search committee as all three of them were persons of eminence in the field of higher education. They added that the regulations do not necessarily specify a member in service at the time of selection and as such, conclusion that the appointment is ab initio void cannot be made by the Chancellor. Furthermore, they pointed out that the Chancellor could not object to the inclusion of the Chief Secretary as the Chancellor himself had nominated him.

He added that there was no power to remove the Vice-chancellor except in terms of Section 10(9) of the Calicut University Act, and in the face of express provisions in the Act, no reliance could have been placed on Section 16 of the General Clause Act, 1897.

The counsel for the Vice Chancellor of the Sankaracharya University of Sanskrit submitted that the Vice Chancellor can be removed only by way of the procedure under Section 8(3) of the Sree Sankaracharya University of Sanskrit Act, and in the absence of that procedure, no order could have been passed directing their removal.

Counsel for the Chancellor argued that the inclusion of the Chief Secretary, who is the Principal Officer of the Government vitiates the constitution of the Search Committee as the Government has an active role in the composition of the Senate, Syndicate and also in the nominations. Under such circumstances, the inclusion of the Chief Secretary in his official capacity vitiates the constitution of the search Committee. They also relied on the paragraphs in the judgment in A.V. George's case, which held that the appointing authority had the power to recall the appointment. He added that the Chief Secretary cannot be said to be a person of eminence in the sphere of Higher Education, though he may be so in the discharge of his administrative duties.

The High Court refused to grant a stay of operation in the case of Dr. MV Narayanan, the Vice Chancellor of Sree Sankaracharya University of Sanskrit, reasoning that as only one name had been forwarded by the selection committee, it is not only in violation of 7.3 of UGC Regulations, 2018 but also the ratio established in Rajasree's case.

So far as Dr V.K.Ramachandran is concerned, who was on the committee to select Calicut University VC, the Court said,

“A person of eminence does not shed his stature or cease to be a person of eminence solely on account of his retirement or change of position, as all that the UGC Regulations require is to be a person of eminence in the sphere of Higher Education and not necessarily an officer serving in any particular position at the time of inclusion in the Search Committee.”

Case Title: Dr. MK Jayaraj v. The Chancellor, University of Calicut and ors.

Case Number: WP(C) No. 10520 of 2024

Click here to read/download the order