VC appointment: CM terms Guv Arlekar's action breach of SC directions

Chief Minister Pinarayi Vijayan on Friday termed as "blatant disregard of Supreme Court" Governor Rajendra Arlekar's decision to brush aside his objections and pick Ciza Thomas as the Vice Chancellor of APJ Abdul Kalam Technological University. 

The CM had forwarded his priority list to the Chancellor after receiving the list of names recommended by the search committees headed by Justice Sudhanshu Dhulia for both the Technological University and Kerala University of Digital Sciences, Innovation and Technology. Ciza Thomas, who was featured in both lists, was rejected as unfit by the CM.

"I gave the priority list not as part of a government decision. I was just following the Supreme Court's directions. The SC had specifically directed the CM to fix the priority and forward these to the Governor," the CM said.

"My understanding is that from these priority lists, the Governor (Chancellor) should appoint the VCs," he said, and added, "How can an authority like the Governor violate a Supreme Court directive? It is beyond comprehension."

Not only is anyone from the list considered but also someone whom the CM considers unqualified has been chosen, Pinarayi said. "It is extremely weird," he said.

The CM even hinted that the Governor's move was part of a larger BJP scheme to undermine federalism. "How can a Governor alone summon the guts to disobey the Supreme Court," the CM said, implying that Governor Arlekar has the Centre's backing. 

The CM has a point when he says that the SC has granted him the right to make his preferences known. Here is what the SC order on August 18 says: "The recommendations made by the Search-cum-Selection Committee, duly endorsed by the learned Chairperson (Justice Dhulia), shall be put up before the Chief Minister for necessary consideration.

In case the Chief Minister has reasons to believe that any shortlisted person is unsuitable for appointment as Vice Chancellor, the remarks to this effect along with the supporting material and the original record of the recommendation made by the Search-cum-Selection Committee, shall be put up before the learned Chancellor within two weeks. The Chief Minister shall be entitled to recommend the shortlisted names in order of preference for appointment as Vice-Chancellors."

The Governor made his move after the Supreme Court on November 28 expressed its displeasure at his perceived inaction. The Governor's counsel had told the SC that he was waiting for the record of the search committee proceedings. The Kerala government's counsel said all the materials had been handed over. 

On December 4, the Chancellor filed an affidavit in the apex court with his preferences for the top jobs. In the affidavit, the Chancellor said he was convinced of Thomas' performance. It was also stated that the two picks made by the Chancellor - Ciza Thomas and Priya Chandran (Digital University) were the only names that featured in both the search committee lists. 

The Supreme Court on Friday asked both parties to arrive at a consensus before Tuesday, December 9. "You all have to reach some consensus. If you are unable to reach some consensus, then the intervention of the Court is the only option," Justice Pardiwala said.