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HC quashes Kerala governor’s order on senate
The Kerala high court on Friday quashed the order of Governor Arif Mohammad Khan sacking 15 members of the Kerala University senate last October amid his tug of war with the state government.
Thiruvananthapuram:
The Kerala high court on Friday quashed the order of Governor Arif Mohammad Khan sacking 15 members of the Kerala University senate last October amid his tug of war with the state government.
The single bench of Justice Satish Ninan held that the order of the chancellor withdrawing the nomination of sensate members invoking his pleasure was “unsustainable and arbitrary.” Sacked members had moved the court questioning the decision of the Governor who is also the chancellor of universities.
“It is evident that the order is not based on any reason, but was rather found on prejudice. It was an unseasoned act, with regard to facts and circumstances,” the court said while quashing his decision. Petitioners were nominated by him under section 17 of the Kerala University Act but in October he removed them after the senate issued a statement against him and overruled his suggestions.
He had accused senators of waging a shadow war against him. But after hearing both sides, the court accepted the contention of senate members and quashed the order of the Governor. People close to Raj Bhawan said a decision on appeal will be decided after going through the verdict.
The Governor and the government have been at loggerheads for more than a year and both used all opportunities to criticise each other. Last year the assembly had passed the University Laws (Amendment) bill 2022 to remove him as the chancellor of all universities and appoint eminent academicians in his place but the Governor is yet to sign it.
The tussle intensified last October after Khan asked 11 vice-chancellors to resign. This came after the Supreme Court quashed the appointment of the V-C of APJ Abdul Kalam Technological University M S Rajashree for being contrary to University Grants Commission (UGC) norms. The matter is pending in the high court now.
