Kerala Governor Moves SC to Keep CM Out of VC Selection

Kerala Governor Rajendra Arlekar, in his capacity as Chancellor of APJ Abdul Kalam Technological University and Kerala Digital University, filed a plea in the Supreme Court seeking to exclude Chief Minister Pinarayi Vijayan from the selection process for Vice Chancellors (VCs) of these institutions. The plea argues that the university enactments—APJ Abdul Kalam Technological University Act and Kerala Digital University Act—do not provide for the Chief Minister or state government’s involvement in VC appointments, challenging an August 18 Supreme Court order that included Vijayan in the process.

Citing the precedent of State of West Bengal v. Dr Sanat Kumar Ghosh and Others, where a minister’s role was specified under the Calcutta University Act, 1979, Arlekar contended that no such provision exists in Kerala’s university laws. He argued that the Chief Minister’s participation violates University Grants Commission (UGC) regulations, particularly the principle against “a person judging his own cause,” given Vijayan’s oversight of government colleges affiliated with these universities.

The Governor’s plea does not contest the appointment of former Supreme Court Justice Sudhanshu Dhulia as Chairperson of the search-cum-selection committee but opposes the inclusion of state government nominees. It requests that the committee submit a panel of candidates in alphabetical order to the Chancellor, who should retain the sole prerogative to select the VC. Additionally, Arlekar seeks the inclusion of a UGC Chairman’s nominee in the committee.

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The controversy stems from a Kerala High Court ruling on May 19, upheld by a division bench, which declared the temporary VC appointments of Ciza Thomas (Kerala Digital University) and K Sivaprasad (APJ Abdul Kalam Technological University) invalid for failing to follow legal procedures. These appointments, made by the Chancellor on November 27, 2024, were challenged by the state government for non-compliance with UGC regulations and the requirement for a government-recommended panel of names.

The ongoing legal battle highlights tensions between the Governor and the state government over university governance, raising critical questions about the balance of authority in academic appointments. The Supreme Court’s decision on Arlekar’s plea could set a significant precedent for the autonomy of university chancellors and the role of state executives in higher education.

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