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Seeking to end the prolonged stalemate between the Kerala Government and Governor over the appointment of vice-chancellors, the Supreme Court, on Wednesday, August 13, said it would constitute a Search Committee to recommend names for the top posts at APJ Abdul Kalam Technological University and Kerala University of Digital Sciences, Innovation and Technology.
A Bench of Justices JB Pardiwala and R Mahadevan directed Attorney General R Venkataramani, appearing for the Chancellor, and Senior Advocate Jaideep Gupta, representing the state government, to submit four names each for inclusion in the five-member panel, with one member to be nominated by the University Grants Commission. The matter will be heard again on August 14.
The court was hearing a Special Leave Petition filed by the Governor Rajendra Arlekar, in his capacity as Chancellor of APJ Abdul Kalam Technological University, challenging a Kerala High Court judgment that had struck down the appointment of a temporary Vice-Chancellor without the state government’s recommendation. According to Live Law, the High Court held that as per Section 13(7) of the Technological University Act, the Chancellor may appoint a temporary VC only as “recommended by the Government” and for a period not exceeding six months.
During the hearing, the Attorney General maintained that the Chancellor had acted in accordance with the Court’s earlier July 30 order by re-appointing interim Vice-Chancellors Ciza Thomas and K Sivaprasad after discussions with state ministers. “We were acting completely in terms of your lordship’s judgment,” the AG said. Justice Pardiwala, however, questioned, “How did you ignore Section 13(7)?”
Senior Advocate Gupta argued that the Governor had unilaterally constituted a Search Committee, sidelining the state’s own panel. “If the Chancellor appoints persons without any whiff of Kerala representation, it will dilute federalism,” he submitted.
Referring to the appointment of Dr K Sivaprasad, the Kerala government, in its application filed on August 12, had contended that the November 27, 2024 notification was “void ab initio and per se illegal” as it ignored statutory provisions and the government’s recommendation. “The provisions of the Act did not bestow any unfettered power or discretion on the Chancellor,” the state argued.
Stressing that it was not resolving the legal issues at this stage, the Bench urged both sides to cooperate. “The Chancellor and state government should sit for a cup of coffee,” Justice Pardiwala quipped. “Since there is no consensus, we will constitute a Search Committee. Our endeavour is that a regular VC is appointed.”
The court also noted that in a similar dispute in West Bengal, it had constituted a panel headed by former Chief Justice of India UU Lalit to oversee VC appointments.