Kerala HC quashes Vice-Chancellor appointment by Kerala Governor

Kochi | The Kerala High Court on Monday declared that the Governor's appointment of a temporary Vice-Chancellor for APJ Abdul Kalam Technological University was not legal.

It said that the appointment did not follow the proper procedure laid down by law.

The case was filed by the state government, challenging a notification (Ext.P9) issued by the Chancellor (Governor of Kerala) on November 27, 2024. This notification had appointed Dr K Sivaprasad as temporary Vice-Chancellor of the university after the earlier appointee, Dr Saji Gopinath, stepped down.

The court ruled that under Section 13(7) of the University Act, the Governor cannot appoint anyone as Vice-Chancellor without a name being recommended by the state government.

Since Sivaprasad's name was not suggested by the government, the court held the appointment invalid.

However, the court did not remove Sivaprasad immediately, noting that his term ends on May 27, 2025.

The court asked the government to send a fresh list of eligible names to the Governor as soon as possible.

It also directed the government to speed up the regular appointment process for a new Vice-Chancellor.

Importantly, the court said that any appointment to the post must follow the University Grants Commission (UGC) rules from 2018.

Kerala's ruling CPI(M) welcomed the High Court's ruling, calling it a strong message against the Governor's actions and a step in support of federal values.

In a statement, CPI(M) state secretariat said that the court’s decision makes it clear that temporary Vice-Chancellors of universities must be appointed only from the panel of names recommended by the state government.

The party criticised former Governor Arif Mohammed Khan for ignoring this rule while appointing Vice-Chancellors to the APJ Abdul Kalam Technological University and the Digital University of Kerala.

Although the court did not cancel the appointment of the current temporary Vice-Chancellor since his term ends on May 27, CPI(M) said the judgment sends a clear warning that such violations should not happen again.

CPI(M) said this is also a strong warning to the BJP government at the Centre, which it accused of using Governors to push political interests in universities.

CPI(M) also criticised the Congress-led UDF in Kerala, saying it supported the former Governor's attempts to bring in RSS-backed policies to higher education.

The court's decision, they said, is a setback to such political stands and a victory for democratic and federal principles.