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

Justice Devan : You are saying that the Chancellor cannot act as the appointment process was completed in a manner known to law. But now we know, the process was not known to law. I am saying hypothetically. So Chancellor cannot act?

Peter : When the case was admitted, the bench of Justice Nageswara Rao said the previous judgment had to be reconsidered.

Justice Devan : But it was not done ultimately, let us not reflect on the Supreme Court judgment.

Justice Devan : I do not want an argument against the Supreme Court judgment. I cannot countenance such an argument. The mind of the Supreme Court judgment is absolutely right and I have to go by it.

Peter : The appointment is made following a procedure. He cannot do it like this.

Justice Devan : He says based on Supreme Court decision, he thinks he should initiate action. Whether his action is right or wrong is different issue. Whether he can act?

Justice Devan : Suppose the chancellor made a mistake, Chancellor can also err, what if there is a later realisation.

Peter : This is not the way to do it.

Justice Devan : I am asking a basic question which troubles me. Is the Chancellor to keep quiet?

Bench asks what is the difference between 2013 and 2018 regulations- examines the provisions.

Peter : These can be gone into only in properly constituted proceedings.

Peter says the Supreme Court judgment relates to 2013 regulation and his case is based on 2018 UGC regulation.

Elvin Peter for MG University VC - he says he is demitting office today, and the Governor's order will cast a stigma.

Justice Devan : I agree, an order like this will leave a stigma.

Thampan : I am a person who was re-appointed and the UGC regulations is not on re-appointment.

Justice Devan : So you can be re-appointed till you are 80?

Thampan : In American Supreme Court, judges do not retire.

Justice Devan : Some judges do not retire, they die.

Justice Devan : The concept is this, you might be the best, but you are not the only best person. There could be equal persons. That is why the UGC says have a panel of names.