Kerala high court orders status quo in issue of temporary vice-chancellor appointments

Kochi: Kerala high court on Tuesday directed that status quo be maintained in respect of the temporary vice-chancellors (VCs) of the Digital University and APJ Abdul Kalam Technological University until next Friday.

The bench of Justices Anil K Narendran and P V Balakrishnan also restrained both vice-chancellors from taking any policy decisions or coercive steps, even based on the recommendations of the respective executive councils, general councils, or boards of governors. The directions were issued while hearing appeals filed by the chancellor and the temporary vice-chancellors challenging a single bench judgment which held that their appointments were legally unsustainable as they were made without the recommendation of the state govt.

The single bench had earlier held that the appointment of Ciza Thomas (Digital University) and K Sivaprasad (Technological University) was not in accordance with law, owing to the absence of a recommendation from the state govt. However, it declined to interfere with the appointments, noting that the statutory six-month tenure of temporary vice-chancellors was set to expire on May 27.

Challenging the decision, the chancellor argued that the Supreme Court has recognised the independent authority of the chancellor in the appointment of vice-chancellors and contended that the requirement of state govt recommendation under the University Acts is inconsistent with the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018. It was also submitted that the six-month tenure limit applies only under the University Act, and the incumbents could continue until regular appointments are made.

The chancellor, along with Ciza Thomas and Sivaprasad, further argued that the single bench had failed to consider relevant legal and factual issues, including binding SC judgments, and sought to have the impugned judgment set aside.

Opposing the appeals, advocate general K Gopalakrishna Kurup submitted that the state had already initiated steps to appoint regular VCs for both universities. He also argued that the chancellor is bound to exercise powers strictly in accordance with the University Act.

The matter has been adjourned to Thursday.