Chancellors Of Universities Must Consider Legality & Jurisdiction Of Show-Cause Notices Issued To VCs Under UGC Regulations & SC Decisions: Kerala HC

The show cause notice was issued by the Chancellor requiring the Vice Chancellors to show their legal right to hold the post of Vice Chancellor and why their appointment should not be declared illegal and void ab initio.

“Accordingly, these writ petitions are ordered directing the Chancellor to consider the objections filed by the petitioners and decide on the legality/jurisdiction to issue the show cause notices as well as on the merits of the alleged violation of the UGC Regulations in terms of the law laid down in Rajasree's case (supra). The above exercise shall be completed within six weeks from the date of receipt of a copy of this judgment. Needless to say, the petitioners will be afforded a reasonable opportunity for hearing, and they will cooperate to decide the issue within the time fixed by this Court.”, stated Justice Mohammed Nias C.P.

The petitioners- Dr M V Narayanan (VC, Sree Sankaracharya University of Sanskrit) Kalady) M K Jayaraj (VC, University of Calicut), Dr Saji Gopinath (Kerala University of Digital Sciences, Innovation and Technology) and Dr P M Mubaraka Pasha (VC, Sree Narayana Open University) have approached the Court against the show cause notices issued to them by the Chancellor.

The Court noted that the petitioners were granted time for filing their objections to the show cause notices. It noted that the show cause notices were issued based on the dictum laid down by the Apex Court in Dr Rajasree (supra). In Dr Rajasree (supra), the Apex Court had held that appointments made contrary to the UGC regulations would be void ab initio. It had stated that the appointments made to the post of Vice Chancellors would be illegal if the Search Committee was not duly constituted based on the UGC Regulations.

The Court observed that even though show causes notices were issued based on the law laid down by the Apex Court, a factual determination regarding the validity of their appointment has to be made by the Chancellor.

“Though the declaration of law in the said judgment is binding on all, a factual adjudication is required to determine whether the Vice Chancellors' appointment in the instant case was in terms of the relevant UGC Regulations as applicable at the time of their appointments.”, observed the Court.

The Court thus held that the Chancellor shall consider the legality of the show cause notices after considering the objections filed by the Vice Chancellors. It also stated that the Vice Chancellors will be given a reasonable opportunity of hearing. Further, it also stated that the Chancellor shall consider the legality of the appointments and whether the Search Committee was duly constituted based on the UGC regulations and the law laid down by the Apex Court.

Citation: 2024 LiveLaw (Ker) 67

Case title: Dr M V Narayanan v Chancellor & Connected Cases

Case number: WP(C) NO. 34848 OF 2022, WP(C) NO. 35005 OF 2022, WP(C) NO. 35785 OF 2022, WP(C) NO. 35802 OF 2022