In a fresh setback to the Kerala government, the Kerala High Court today canceled the appointment of the VC of one of the state universities citing violation of appropriate procedures.
The HC's decision to remove Dr. Riji John as the VC of the Kerala University of Fisheries and Ocean Studies came as a shot in the arms of the Governor Arif Mohammad Khan who has been at loggerheads with the state government over the appointment of the VCs in the state universities.
Earlier, Khan had asked the VCs of nine state universities to step down citing the violation of UGC norms in their appointments. The HC termed the appointment 'illegal' and violative of the UGC guidelines.
The court has also asked Khan to appoint a new VC following the UGC guidelines. Notably, the Governor had been removed from the position of the Chancellor of Kerala Kalamandalam deemed university recently by an ordinance passed by the P Vijayan government.
The case further opened the appointment controversy that has been going on for months. The Supreme Court had earlier annulled the appointment of the VC of APJ Abdul Kalam technological university.
The SC said that during the appointment the select committee didn't follow the UGC norms. As per the regulation of the top educational body, the select committee is supposed to recommend three names from which the Governor is ought to finalize.
After the verdict of the SC, the Governor asked the VCs of the nine state universities to immediately resign. However, instead of complying with the directives of the Governor, the VCs approached the HC. The court then said as the Governor has already sent the show cause notice to the VCs, his directives to seek resignation stands null and void.
Following this, the Kerala government passed an ordinance to replace Governor as the Chancellor with an eminent person from field of art and culture.
Kerala Law Minister Rajeeve while addressing the issue said, “We have no powers to curtail powers of Governor. it is a constitutional authority, whose functions are well explained in the constitution. What we have done is we have adopted an ordinance on appointment of chancellor. That is the prerogative, legislative competence of the state legislature. We feel the Chancellor should be an eminent person from the education field."
Following the passing of the ordinance, Khan said that he would send it to the president if it reaches Raj Bhavan.
“If I am the target, then I shall not be the judge in my own cause. I won't declare it now. I will see it and if I come to the conclusion that the purpose is to target me, then I shall not sit in judgment (over it). I shall refer (to the President),” Khan said.
