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

Justice Devan : Going by your argument, if system makes a mistake, it cannot be recalled until somebody challenges.

Counsel : Chancellor can only exercise powers given by the statute.

Counsel : Chancellor can only exercise powers conferred on the statute. Unless somebody moves the court...

Justice Devan : You are not answering my question.

Counsel : Chancellor can invoke the powers only on grounds given in the statute.

Justice Devan : Suppose the Chancellor feels your appointment is illegal, he speaks of two grounds, one the the Search Committee constitution is illegal and two you were a unanimous recommendation, can he not exercise powers.

Justice Devan : If the appointing authority feels that the appointment is illegal, are you saying he has no power? Suppose he made a mistake, can he not put you on notice.

Counsel : Appointment is a collective process. A search committee has to be constituted.

Justice Devan : The statute says grounds of misbehaviour, misappropriation etc. Is it not large enough to include a case that you are an usurper of office? Is the Chancellor to keep silent until somebody comes to court? Chancellor is the appointing authority.

Justice Devan : Suppose the Vice Chancellor's appointment is void, are you saying that unless it is challenged and declared to be illegal, can he continue. Nobody chooses to challenge it and then you can continue? And Chancellor should not even look at it? I am just asking

Justice Devan : Suppose, if the Chancellor feels that your appointment is void abinitio, does he have power to remove you?

Counsel : Absolutely not. In administrative law, there are no void orders. Unless it is challenged and the court holds so, it can't be.

Justice DR : The Court has held the appointment is void ab initio. If the judgment is applicable, then the Governor is magnanimous by giving you time till Oct 24. I am choosing my words carefully, if the judgment is applicable.

Justice Devan Ramachandra : The judgment of the Supreme Court is binding on me.

Counsel : So long as it is the final court, one has to accept it.

Justice Devan Ramachandran going through the Supreme Court's judgment in the case relating to the VC of APJ Abdul Kalam University.