Vice Chancellors Move Kerala High Court Challenging Governor's Show Cause Notice On Appointment

The vice chancellors of various state universities have approached Kerala High Court against the show-cause notices issued to them by state Governor Arif Mohammed Khan last month asking them to explain how they can continue on their posts after Supreme Court recently quashed the appointment of APJ Abdul Kalam Technological University's VC for being contrary to University Grants Commission (UGC) norms.

Khan, who is the chancellor of the universities, in the notice said 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 argued that the notice is without authority or jurisdiction and is also vitiated by errors apparent on the face of its record. 

Kannur University VC, Dr. Gopinath Ravindran in the petition has submitted that he was holding the post after reappointment as per Section 10(10) of the Kannur University Act upon expiration of his original appointment on 23rd November 2021. He has further submitted that when his reappointment had been challenged before a Division Bench of the Kerala High Court, the same had been upheld, and that the matter is now pending before the Apex Court.

It has also been argued in the petition that the Chancellor, who is only a statutory authority, cannot adjudicate the legality or otherwise of the reappointment. The same could only be decided on the basis of an adjudication by a competent court of law, the plea adds.

Dr. Ravindran's petition also states that the persons in the Search Committee who had unanimously recommended his name were persons of eminence and made the recommendation after identifying a number of persons in accordance with Section 10(5) of the Kannur University Act. There was a fundamental difference between judgment in the KTU case, and the instant case of reappointment of the Kannur University VC, he has argued

"The first respondent has totally misdirected himself, in understanding the law laid down by the Supreme Court", the petition contends and prays that a writ of mandamus be issued commanding the Chancellor not to interfere with the functioning of the petitioner as Vice Chancellor of Kannur University, other than in accordance with the provisions of the Kannur University Act and Rules. 

Dr. Ravindran has also sought an interim stay on the show cause notice issued to him, during the pendency of his petition. 

In the show cause notice issued to him, it was mentioned that his appointment was made on the basis of a single name recommended by the selection committee instead of a panel of three names. It was also mentioned therein that there had been a non-academician, the Chief Secretary of the State, in the panel, which is contrary to the UGC Regulation.

On 24th October 2022, the Kerala High Court had granted relief to the Vice Chancellors who had been asked to resign by the Chancellor. The Court held that all of them could continue in their positions till a final order is passed by the Chancellor/Governor on the show-cause notice issued to them. The Court had set aside the communications issued by the Chancellor asking the VCs of the Universities to resign. 

Case Title: Dr. Gopinath Ravindran v. Chancellor, Kannur University & Ors.