Kerala Governor's Senior Legal Advisor & Standing Counsel Resign Amid Frequent Legal Battles With State Government

Amid Governor Arif Mohammed Khan's increasing legal battles with the Kerala government and Vice Chancellors of state universities, the counsel representing the Governor in Kerala High Court have resigned from their positions. 

Senior Advocate Jaju Babu, who was appointed as Kerala Governor's Legal Advisor in 2009, and Advocate M.U. Vijayalakshmi, the Standing Counsel of the Chancellor of the state universities, tendered their resignations to Khan on Tuesday. Khan is the Chancellor of the state universities. 

"For reasons known to you also, the moment has come for me to vacate my position. Thank you so much for the opportunities for professional and personal development that you have provided me as Honorary Legal Advisor, during your tenure also," the resignation letter addressed by Babu to the Governor, reads. 

Some of the recent legal battles involving Governor are as under:

• State of Kerala v. The Chancellor, APJ Abdul Kalam Technological University & Ors.

Kerala government's plea challenges the the appointment of Ciza Thomas, the senior joint director of the directorate of technical education, as Vice Chancellor in-charge of the APJ Abdul Kalam Technological University. Read about it here.

• Dr. Sabu Thomas v. The Chancellor and other connected cases

On October 23, the Governor in his capacity as the Chancellor of the Universities, issued direction to nine Vice Chancellors to tender their resignations by 11.30 AM on 24th October 2022, on the ground that their appointments were illegal. The Governor referred to the recent decision of the Supreme Court which set aside the appointment of Dr. MS Rajashree as the VC of the APJ Abdul Kalam Technological University on the ground that the Search Committee forwarded only one name to the Chancellor instead of a panel of three to five names. Quoting from the above decision, the Governor stated that the appointment of the VC will be void ab initio if the search committee was constituted illegally. 

The vice chancellors of various state universities moved the High Court against the show-cause notices issued to them by Khan asking them to explain how they can continue on their posts after the Supreme Court decision in KTU case. The notice had further stated that on failure to show cause the legal right to hold the post of Vice Chancellor, the Chancellor may declare the appointment to the said post as illegal and void ab initio. The VCs have contended that the notice is without authority or jurisdiction. Read about it here. 

• Dr. K.S. Chandrasekhar & Ors v. The Chancellor and other connected cases
  

The petition challenges the Governor's decision to withdraw the membership of 15 Senators. The Senate of the Kerala University has been heavily criticised by the court for not nominating a member to the Selection Committee constituted by the Governor for appointing a new Vice Chancellor. Read about it here.