HC rejects plea of suspended V-C of veterinary university
The Kerala High Court on Thursday dismissed a writ petition by the suspended Vice-Chancellor (V-C) of the Kerala Veterinary and Animal Sciences University (KVASU) challenging an order of the Chancellor and Governor Arif Mohammed Khan suspending him following the death of J.S. Sidharthan, second year student of the College of Veterinary and Animal Sciences, Pookode.
Justice Ziyad Rahman A.A., while dismissing the petition, observed that the purpose of the Chancellor’s order was evidently to keep the petitioner away from the powers as an interim measure, until the inquiry was completed with an intention to ensuring fair and transparent inquiry.
The court pointed out that it was only an instruction to the Vice-Chancellor not to carry out his duties pending inquiry, as the functioning of the petitioner as Vice-Chancellor was likely to hamper the prospects of a fair and impartial inquiry.
Being an appointing authority and the head of the university, the Chancellor was empowered to issue such instructions for the welfare/goodwill of the university as a whole, as the Chancellor was duty bound to protect the interests of the university by ensuring an impartial inquiry.
Not a ground
The High Court also noted that the lack of any express provision in the university Act enabling the Chancellor to suspend the ViceChancellor cannot be a ground to interfere with the order of suspension now.
As far as the power of the Chancellor to suspend the Vice-Chancellor was concerned, it was not necessary to be specically provided for as it was an implied power vested upon him being the appointing authority by virtue of the provisions in the General Clauses Act.