HC stays Chancellor’s order asking CU V-C to vacate post

Court, however, declines to stay the directive to Sanskrit university VC to step down as only one name was forwarded by selection panel and this is in violation of 7.3 of UGC Regulations, 2018

The Kerala High Court on Thursday stayed the order of Governor and Chancellor Arif Mohammed Khan declaring ab initio void the appointment of M.K. Jayaraj as ViceChancellor (VC) of Calicut University and directing him to vacate the office forthwith.

Justice Mohammed Nias C.P., however, declined to stay the Chancellor’s order directing M.V. Narayanan, VC of Sree Sankaracharya University of Sanskrit, to vacate the post in view of the Chancellor’s finding that his appointment was also ab initio void.

The court passed the interim orders on a writ petition filed by Dr. Jayaraj and Dr. Narayanan.

The Chancellor had passed the order against Dr. Jayaraj as he found that the constitution of the searchcumselection committee was not in terms of the UGC Regulations, 2018. The Chancellor based his conclusion on the fact that the search committee had the then Chief Secretary as one of the members and that the nominee of the senate V.K. Ramachandran had nothing to do with the field of higher education at the relevant time.

Dr. Jayaraj contended that the search committee consisted of persons of eminence in the sphere of higher education. It was the Chancellor who had nominated the Chief Secretary and, therefore, he could not object to the same at a later point in time. The determination of the illegality of the appointment could not be made by any administrative authorities. It was the Chancellor who selected him from among the panel of names and, therefore, the Chancellor could not sit in over on the correctness of the selection process, he contended.

The court observed that the then Chief Secretary was included on the committee in his capacity as

Chief Secretary, but if he is even otherwise a person of eminence in the sphere of higher education, then prima facie, his inclusion cannot be seen as violative of the relevant UGC regulations.

Finding unsustainable

The finding by the Chancellor that Dr. Ramachandran was working as ViceChairman of the Kerala State Planning Board and his occupation at the relevant time had nothing to do with the field of higher education appears to be unsustainable.

Refusing the plea for a stay by Mr. Narayanan, the court said the Supreme Court in the Rajasree case had clearly held that the appointment of the VCs must be in terms of the UGC regulations, 2018. The court noted that only one name was forwarded by the selection committee for appointment of the VC to the Chancellor which is in total violation of 7.3 of the UGC Regulations, 2018 and “the ratio in Rajasree’s case applies on all fours.” The continuance of the petitioner as VC consequent on a selection that was totally contrary to the statutory provisions could not be permitted, the court added.