New Delhi: The Kerala high court, in a late hearing on Monday, October 25, said the Vice-Chancellors of eight universities can continue in their respective posts and they can be removed only after following due procedure.This is the latest chapter in an ongoing tussle between the Kerala Governor, who is also the Chancellor of all state universities, and the Kerala government over control over universities and other issues.Justice Devan Ramachandran, who heard the urgent plea filed by the eight V-Cs, who were given an ultimatum by Governor and Chancellor Arif Mohammad to resign, said the communication sent by the Chancellor was not proper.“It does not require much judgment to say no one can be asked to tender resignation,” he said, according to LiveLaw.The October 23 communication by Governor Khan, asking V-Cs of the eight universities to tender their resignation by 11:30 am on Monday, October 25, kicked up a major controversy, with the state government asking V-Cs to stay put, defying the governor’s orders.Vice-Chancellors who had challenged the communication belonged to the following eight universities, according to The Hindu.University of Kerala,Mahatma Gandhi University,Cochin University of Science and Technology,Kerala University of Fisheries and Ocean Studies,Kannur University,Sree Sankaracharya University of Sanskrit,University of Calicut, andThunchath Ezhuthachan Malayalam University.Khan cited a recent Supreme Court order that had quashed the appointment of the V-C of APJ Abdul Kalam Technological University in the state for being contrary to University Grants Commission regulations.In the special sitting, the high court said that they are eligible to continue in their respective positions until a final order is passed by the Chancellor against them on the basis of the show-cause notice issued by the Chancellor to them.The court noted that since the chancellor has given time till November 3 to the V-Cs to show cause as to why they should not be ousted, the communication seeking their resignation lost its importance.The court noted that action against the V-Cs can be taken only after following due procedure. The V-Cs told the court that the entire action of the chancellor asking to resign within 24 hours was illegal.The Chancellor’s counsel said that his intentions were bona fide and that he had offered them an honourable exit so that the matter would end there and fresh action could be initiated in terms of the mandate of the Supreme Court judgment. “As the Chancellor had found flaws in their appointments, he was constrained to act,” the counsel said, according to The Hindu.LiveLaw has reported that the court added said that “proper enquiry and thought ought to have been invested”.“The argument of the petitioners that the Chancellor cannot issue a show cause notice is also left open and all the remedies of the petitioners to even impugn the same are left open,” the high court added in the order, according to LiveLaw.The chief minister Pinarayi Vijayan, in a press meet held in Palakkad, alleged that the governor’s move was an encroachment on the powers of a democratically elected government, and the universities that were supposed to be academically independent.Vijayan said it was an unusual move and accused him of “waging war” with an intention to “destroy” the universities in the state.A week ago, Khan had directed all 15 members of the Senate of Kerala University to cease to continue in that position as they allegedly failed to discharge their duties and responsibilities.
