SC raps Kerala, cancels Kannur varsity V-C’s reappointment

The apex court considered the provisions of the Kannur University Act, 1996 and held that only the chancellor is competent to appoint or reappoint the V-C

The Supreme Court on Thursday pulled up the Kerala government for its “unwarranted interference” in the governor’s power to appoint vice chancellor and quashed the reappointment of Gopinath Ravindran as the V-C of Kannur University. A bench headed by chief justice of India (CJI) Dhananjaya Y Chandrachud also slammed governor Arif Mohammed Khan, saying he did not independently apply his mind in his capacity as the chancellor of the university.

Gopinath Ravindran was reappointed as V-C for a period of four years through a notification issued on November 23, 2021 (PTI)

Ravindran was reappointed as V-C for a period of four years through a notification issued on November 23, 2021. It was challenged before the Kerala high court, which on February 23 last year turned down the petition filed by Premachandran Keezhoth and Shino P Jose, both members of the senate and academic council of Kannur University. They then moved the top court against the high court’s decision.

“Although the notification reappointing the respondent (Ravindran) to the post of Vice-Chancellor was issued by the Chancellor, yet the decision stood vitiated by the influence of extraneous considerations or to put it in other words by the unwarranted intervention of the State Government,” the bench, also comprising justices JB Pardiwala and Manoj Misra, said.

“As a consequence, the notification dated November 23, 2021 reappointing the respondent as the Vice-Chancellor of the Kannur University is hereby quashed,” it held.

The apex court considered the provisions of the Kannur University Act, 1996 and held that only the chancellor is competent to appoint or reappoint the V-C and said any interference by the state government in this regard will be “patently illegal” and vitiate the decision-making process.

The governor, represented by attorney general R Venkataramani, supported the petitioners, saying the reappointment order issued by him was illegal as it was in conflict with the UGC regulations. The bench was “perplexed” at this stand by the governor.

“While dealing with the case of the Vice-Chancellor, the Governor, being the Chancellor of the University, acts only in his personal capacity,” Justice Pardiwala, writing the 72-page judgment for the bench, said.

The bench held that the governor while performing his duties as chancellor, was not bound to act under the aid and advice of the council of ministers.

Reacting to the top court’s verdict, Khan accused Kerala chief minister Pinarayi Vijayan of pressuring him to reappoint Ravindran as the vice chancellor.

“The higher education minister (R Bindu) used to write to me but all the pressure came from the office of the chief minister,” he told reporters in Thiruvananthapuram.

Bindu said she accepted the apex court’s verdict. “The state government had sent a proposal in this regard based on the legal opinion of the AG. The responsibility of making the appointment rests with the governor. He has to use his wisdom and discretion to take a decision,” she told reporters.

(With inputs from Kerala bureau)