Kerala Governor Vs University Vice Chancellors: Kerala High Court Hearing- LIVE UPDATES

Counsel says Supreme Court judgment does not examine whether Vice Chancellor is a teaching post so as to apply the relevant UGC regulations.

Bench : The judgment is binding on me.

Counsel : That question will arise only when a writ petition is filed based on the judgment.

Bench : Can you take me through the judgment of the Supreme Court (in KTU VC Case).

Counsel : I shall. The judgment is on a different premise.

Counsel : What remains after declaring that our appointment is void and after asking us to resign. The show-cause notice by Chancellor is only an afterthought.

Senior Counsel : Now an interesting thing has happened, after the writ petition was filed, the Chancellor has issued a show-cause notice, after declaring that our appointment is void.

Senior Counsel : In administrative law, there are no void orders. Only voidable orders. Until it has been set aside by a court, the order remains in force.

Bench : So you are saying that Chancellor cannot exercise the power suo motu.

Senior Counsel : Even exercise of this powers is subject to reasonable restrictions.

Bench : Opportunity of hearing. But if the appointment is void by any reason, are you saying Chancellor can't remove?

Senior Counsel refers to University Act and points out that Chancellor can remove a Vice Chancellor only on grounds of of misappropriation or mismanagement of funds or misbehaviour by an order in writing.

#KeralaHighCourt

Justice Devan Ramachandran : You have not been removed, but there is a declaration that you have ceased to be VCs and you have been asked to resign. If you have ceased to be, then you can't be asked. Both do not go together.

#KeralaHighCourt

Senior Counsel reading out the communication of the Governor and says this is under the challenged.

Counsel : No notice, not hearing and he has issued a direction to resign.

Justice Devan : Direction to resign?

Counsel : Yes, according to Governor, we have ceased to be vice-chancellors and the directions has been issued.