Kerala High Court puts on hold Governor's Vice Chancellor search committee for three more universities

The Kerala High Court on Friday stayed a move by Governor Arif Mohammed Khan to constitute a search-cum-selection committee to select Vice Chancellors for the University of Kerala, Mahatma Gandhi University, and Thunchath Ezhuthachan Malayalam University [Dr Soju v State of Kerala & ors and other cases]..Justice Ziyad Rahman AA passed three interim orders to this effect on July 19, a day after he stayed a similar move with respect to selecting the Vice-Chancellor of the Kerala University of Fisheries and Ocean Studies (KUFOS)..The interim stay orders was passed after the Kerala government and certain University senate members (of Kerala University and MG University) filed petitions challenging a June 28 notification issued by the Governor to constitute the search committee. The stay order will operate for a month. "There shall be an interim order staying further proceedings pursuant to the notification issued by the Vice Chancellor ... This order shall be in force for a period of one month," the Court said. .On June 28, the Kerala Governor, in his capacity as University Chancellor, issued a notification intimating the constitution of a committee for the appointment of VCs in six universities.This development was viewed as the latest in a string of conflicts between the LDF-led State government in Kerala and Governor Arif Mohammad Khan. The notification has now been legally challenged with respect to at least four of the six universities, namely KUFOS, the University of Kerala, Mahatma Gandhi (MG) University, and Thunchath Ezhuthachan Malayalam University. With respect to MG University and the Kerala University, the petitioners (State government and University senate members) have argued that the constitution of the Chancellor's committee was not in line with the Kerala University Act. The Court was told that this committee is required to have an elected member of the University's senate. In response, the Chancellor's (Governor) counsel contended that both Universities had failed to elect a senate member for the committee despite repeated communications. Therefore, it was argued that the Chancellor's decision to move ahead with constituting a committee could not be faulted. The Court, however, found prima facie force in the petitioners' stance and stayed the controversial notification for a month. "I am of the prima facie view that, even if there are lapses on the part of the University in suggesting the name of an elected member of the Senate, that will not enable the Chancellor to constitute a committee which is not in consonance with the statutory stipulations ... This is particularly since, even in (an earlier judgment), it has been specifically observed that in the case of failure on the part of the University in suggesting a member of the Senate, the Chancellor can act, in terms of the Act read with UGC Regulations 2018," the Court said. .With respect to the Thunchath Ezhuthachan Malayalam University, the Court opined that the State's contention that the Governor/ Chancellor lacks the competence to constitute a VC search committee required detailed consideration. Therefore, it stayed the Chancellor's notification with respect to this University as well. On July 18, the Court stayed the notification in so far as it concerned KUFOS for a month on similar grounds. .In the case concerning the University of Kerala, the senate members were represented by senior advocate Elvin Peter PJ along with advocates KR Ganesh, Gouri Balagopal and Sreelekshmi AS. The University of Kerala was represented by its standing counsel Thomas Abraham.In the petition concerning MG University, the senate members were represented by senior advocate P Raveendran along with advocates Aparna Rajan, MR Sabu, Lakshmi Ramadas, Sreedhar Raveendran.MG University was represented by standing counsel Surin George Ipe.The Thunchath Ezhuthachan Malayalam University was represented by standing counsel PC Sasidharan.Standing counsel S Prasanth appeared for the Governor/ University Chancellor..[Read Orders]