New Delhi: The Kerala high court on Tuesday, November 8, asked Governor Arif Mohammed Khan, who is chancellor of the universities in the state, not to take any action against the vice-chancellors who were issued show-cause notices by him, until the court hears the matter.
Justice Devan Ramachandran passed the interim order while hearing the petitions filed by the vice-chancellors of the universities challenging the show-cause notice issued to them by the governor.
The Hindu reported that the petitioners contended that they were issued show-cause notices as they had not responded to the chancellor’s letter asking them to resign. They contended that the chancellor, being a statutory officer, has no legal authority to seek their resignations.
They said that the show-cause notice had been issued to them because of the misconception of the law laid down by the Supreme Court.
Earlier, the high court had also said that the vice-chancellors can continue in their respective posts and they can be removed only after following due procedure. It had added that the communication sent by the chancellor was not proper.
On October 23, governor Khan had asked the vice-chancellors of nine universities to tender their resignation within 24 hours due to discrepancies in the selection process.
However, the state government had asked the vice-chancellors to stay put, defying the governor’s orders.
Chief minister Pinarayi Vijayan in a press conference had alleged that the governor’s move was an encroachment on the powers of a democratically elected government. He had said that the chancellor has no authority to seek the vice-chancellors’ resignations.
According to the governor’s office, his decision was based on the October 21 order of the Supreme Court.
The top court had cancelled the appointment of Rajasree M.S. as the vice-chancellor of A.P.J. Abdul Kalam Technical University, observing that it was made against the University Grant Commission’s norms.
It said that a search committee to appoint a vice-chancellor should recommend a panel of three names to the chancellor; however, it sent only one name.
Following the judgment, the governor had asked the vice-chancellors of nine universities in the state to resign. These universities include Mahatma Gandhi University, Cochin University of Science and Technology, Kerala University of Fisheries and Ocean Studies, Kannur University, Sree Sankaracharya University of Sanskrit, University of Calicut and Thunchath Ezhuthachan Malayalam University.
While Rajashree’s appointment had been annulled by the apex court, Kerala University vice-chancellor, V.P. Mahadevan Pillai, will retire on October 24.
The case will be next heard on November 17.
Separately, Kerala higher education minister R. Bindu on Wednesday, November 9, said that the LDF government through an ordinance intends to replace the governor with expert academicians as chancellor of universities in the state.
The decision to issue the ordinance was taken in a cabinet meeting, a source in the chief minister’s office told news agency Press Trust of India.
Bindu said the government has taken the decision for the improvement of the higher education and universities in the state.
On queries whether governor Khan would sign the ordinance, the minister said she hopes that he would act according to his constitutional duties.
(With inputs from PTI)