Kerala HC strikes down Governor's VC picks, orders appointment from government panel

Kochi: The Kerala High Court on Monday termed the appointment of Vice-Chancellors at two universities in the state by former Governor Arif Mohammad Khan illegal.The Kerala governor and others had filed writ petition against the May 19, 2025 judgement of a single bench of the Kerala High Court which said the appointment of interim Vcs were made without following proper legal procedure. Upholding the single bench's order, the court dismissed incumbent Governor Rajendra Arlekar's appeal against the single bench order and ruled that VCs must be selected from the panel submitted by the state government.

With this order, two interim Vice-Chancellors — Dr Ciza Thomas of Kerala University of Digital Sciences, Innovation and Technology (KUDSIT) and Prof K Sivaprasad of APJ Abdul Kalam Technological University — will be removed from their posts. The former Governor had appointed them in November 2024. The Kerala government had filed a petition in the High Court challenging these postings.

Former governor Arif Mohammad Khan had appointed Ciza Thomas and Sivaprasad as interim Vcs of Digital University and KTU through notificiations issued on November 27, 2024. However, the state government challenged the appointments, arguing that they did not follow the procedure laid down in the Acts -- which require a panel of names to be recommended by the government -- and did not comply with University Grants Commission (UGC) regulations.

The High Court's Division Bench, comprising Justices Anil K Narendran and P V Balakrishnan, upheld the single judge's ruling, agreeing that the notifications lacked legal backing.The court observed that although the appointments were temporary, they still required adherence to the statutory process, including the submission of a panel of at least three eligible names by the government.

It noted that the UGC Regulations, 2010 and also the UGC Regulations, 2018 are silent regarding appointment of the Vice-Chancellor temporarily, till a regular appointment is made. It noted that as per Section 13(7) of the Technological University Act, where the vacancy of Vice-Chancellor arises in any of the circumstances enumerated in clauses (i) to (v), the Chancellor may appoint the Vice-Chancellor of any other University or the Pro-Vice Chancellor of the Technological University or the Secretary to Government, Higher Education Department, recommended by the Government, to be the ViceChancellor for a period of not exceeding six months in the aggregate.

“Further Section 11(10) of the Digital University Act states that in the event that a temporary vacancy occurs in the post of Vice-Chancellor due to any unforeseen or casual reason or if the Vice-Chancellor has to be temporarily abstained himself from the said position, the Chancellor may appoint the VC of any other University or the Secretary of Electronics and Information Technology Department, as recommended by the Government, to be the VC for a period of not exceeding six months, in the aggregate,” said the court.

The judges also emphasised the importance of the VC's role, calling them the "bridge between academic and administrative functions" of a university.They referred to earlier Supreme Court judgments which stressed that VCs must be selected independently, without political or external pressure, and in the best interest of the university.

While dismissing the appeals, the court noted the ongoing administrative deadlock in both universities and its negative effect on students. It urged the Chancellor and the state government to act promptly to make regular VC appointments in line with the law and UGC norms.

"Considering the stalemate existing in the administration of the Technological University and the Digital University, which is continuing for a considerably long period, and which had an adverse impact on the functioning of the said universities and the interest of the student community, we are of the view that the Chancellor as well as the State Government will have to act pro-actively, to ensure that regular appointment to the post of Vice-Chancellor in the said Universities are made, without any further delay," the court said.

The court also clarified that the UGC's 2018 regulations regarding qualifications and appointment procedures for university teachers and academic staff would override any conflicting provisions in state legislation.

Addressing the media, Higher Education Minister R Bindu said that the Kerala High Court's division bench had quashed the Governor's appointments, thereby upholding the state government's stance.

"The Governor has powers, but when he crosses the limits, it causes problems," the minister said. She also called the Chancellor's move --which she claimed could damage the reputation of universities --disgraceful.

General Education and Labour Minister V Sivankutty also welcomed the ruling, calling it a win for the government's efforts to ensure transparency in the education sector.

(With Live Law inputs)