Kerala guv moves SC over VC appointments; stage set for another confrontation

The petition, filed on Monday, seeks clarity on whether the chief minister can be made an intermediary in forwarding the search committee’s recommendations to the chancellor.

In his plea, Arlekar has argued that the prevailing arrangement undermines the statutory powers of the chancellor. He has contended that the recommendations of the VC search committee—constituted in accordance with UGC regulations—should be sent directly to him. According to the governor, the inclusion of the chief minister as a channel not only delays the process but also compromises the independence of the appointment mechanism.

The petition further highlights that UGC norms require a nominee of the commission in every search committee.

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In the case of KTU and Digital University, the governor has pointed out that no UGC representative has been included, which he claims is a violation of academic standards and a departure from established practice. The plea stresses that as chancellor, his consent is mandatory in the composition of such committees.

Recent SC order

The case comes in the backdrop of a recent Supreme Court order that had narrowed the governor’s role in VC appointments.

On July 31, the court had ruled that the shortlist prepared by the search committee should be forwarded to the chancellor through the chief minister, who has the authority to set the order of preference. The chancellor, the court directed, is expected to appoint one of the recommended candidates, unless there are specific objections recorded in writing.

The ruling was seen as a setback to the governor’s position, as it effectively gave the state government a decisive say in the process.

The LDF government had welcomed the judgment, arguing that it reaffirmed the primacy of the university Acts passed by the Kerala legislative assembly.

Excluding CM

Gopakumar Mukundan, researcher and political observer told The Federal, “Governor Arlekar’s decision to approach the Supreme Court is not in response to any specific objection raised by the chief minister. His demand is that the chief minister be excluded from the process altogether. In effect, what the RSS loyalist governor as chancellor is seeking is to keep the elected council of ministers, constituted under Article 163 and backed by the majority in the legislative assembly, out of the vice-chancellor appointment process in state universities.”

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Further, Mukundan added, “According to existing rules, only those who meet UGC qualifications can even apply. From among them, a search committee headed by a retired Supreme Court judge prepares the shortlist. The appointment has to be made from that panel. Arlekar’s argument is that neither the council of ministers nor the chief minister should have any role in this process. The issue, therefore, is not whether qualified candidates will come through, but that only those acceptable to the RSS should find their way in, that is the clear intent behind Arlekar’s stance.”

Row over VC appointments

The tussle over VC appointments has been simmering in Kerala for over some years now. In 2022, the Supreme Court had quashed the appointment of Dr Rajasree as VC of KTU, holding that the process violated UGC norms. That verdict triggered a series of disputes between the governor and the state government over who controls appointments.

Last year, the chancellor appointed Dr Ciza Thomas and Dr K Sivaprasad as interim VCs of KTU and Digital University, bypassing the government’s nominees. The state objected strongly, and the Kerala high court later ruled those appointments as “illegal” on the grounds that they ignored the government’s role and violated the six-month limit for temporary postings.

Despite the court’s observation, the governor went ahead and reappointed the same interim VCs, leading to further tension between Raj Bhavan and the Secretariat.

Central vs state laws

At the core of the present plea is the interpretation of Article 254 of the Constitution, which deals with the supremacy of central laws over state legislation in matters of conflict. The governor has asserted that since UGC regulations are framed under a central law, they override provisions in the state university Acts wherever discrepancies arise.

The Kerala government, however, maintains that the state’s Acts are fully compliant with UGC rules and that the chancellor’s insistence on bypassing the chief minister is politically motivated. Ministers have repeatedly accused the governor of acting at the behest of the Union government to curtail the powers of the state.

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The governor’s move also comes amid debate over whether the Supreme Court itself can appoint a retired judge to head the search committee, as has been proposed in recent hearings.

Some academic experts have welcomed this idea, citing the need for neutrality, while others have warned it could erode the federal character of university governance.

Legal confrontation again

Meanwhile, the governor has also objected to the state’s delay in forming the search committees, warning that prolonged disputes could affect the smooth functioning of both universities. The Supreme Court has already extended the deadline for nominating members, acknowledging the urgency of the appointments.

With the governor’s fresh petition, the stage is set for another round of legal confrontation in the apex court. The matter is likely to test the delicate balance between the chancellor’s statutory powers and the state government’s authority in higher education.

For students and faculty at KTU and Digital University, the outcome is crucial. Both institutions have been functioning under interim leadership for over a year, raising concerns about stability, academic planning, and accreditation.

As the Supreme Court takes up the matter in the coming weeks, Kerala’s long-running debate over the autonomy of its universities and the tussle between Raj Bhavan and the Secretariat are once again under the national spotlight.