Kerala Governor Vs University Vice Chancellors: Kerala High Court Hearing- LIVE UPDATES
Bench : Sri P Ravindran and Ranjith Thampan, made very strong submissions with respect to the manner of Chancellor's communication. Their argument was as long as the respective parent Act does not provide any power to the Chancellor to cancel the appointment of VC
Bench : That without giving an opportunity of hearing, a decision has been thrust upon them.
Bench : Petitioners assert the communication is per se illegal, incompetent and beyond the jurisdiction of Chancellor. They also have the case, subject to the nuances of the facts, judgment of SC has no bearing to their scenario;
Bench : At the core of the allegation is that the Chancellor issued a letter dated 23.10.2022 informing them that "they have ceased to be VC wef from 21.10" and asking them to submit resignations by 24.10.
Justice Devan : I am disposing of the matters. None of you have ceased to be in office..
Justice Devan starts dictation.
AG : There is undue haste in issuing the letter.
Justice Devan : Let the State not say that. Let the State not take sides between Chancellor and the Vice Chancellor. I am surprise that the State should say it is taking sides.
AG : State is not.
Justice Devan to Kerala Advocate General : Why the AG is here? You are here for this case?
AG replies that State has been made a party.
Justice Devan : What is the role of the State?
Justice Devan to Chancellor's lawyer : If it is void abinitio, it will be operate from appointment. But you have to establish it was void abinitio. I am leaving it to you to rule on the issues including the jurisdiction.
Chancellor's lawyer : The letter may be seen as an appeal or a pious hope that they will resign in the light of the Supreme Court judgment.
Justice Devan : That is why I asked one of the lawyers, you are still Vice Chancellor and be temperate in using the language.
Chancellor's lawyer : The declaration of law will relate back to time, that is why I asked for resignation.