Kerala High Court Seeks Clarity on Governor's Role in University VC Appointment
The Kerala High Court raised significant questions on Monday about the legal authority behind the governor's secretariat issuing notifications for the vice-chancellor position at Calicut University. Justice Bechu Kurian Thomas, presiding over the bench, expressed concerns about potential ambiguity in the state government's role during oral observations.
Court Examines Constitutional Powers
The court specifically questioned whether the chancellor of the university possesses the legal power to issue notifications inviting applications for the vice-chancellor post. Justice Thomas noted that if this power doesn't exist, the state's executive authority would naturally come into play. The bench emphasized that without clear legal provisions, confusion would persist about the state government's involvement in chancellor appointments.
Petition Challenges Governor's Notifications
The hearing stemmed from a petition filed by the Kerala state government challenging two notifications issued by the governor in his capacity as university chancellor. These notifications involved:
- Constituting a search-cum-selection committee for the vice-chancellor appointment
- Inviting applications specifically for the Calicut University vice-chancellor position
While the search committee composition has since been adjusted to comply with statutory requirements following state objections, the notification inviting applications remains contested.
Questioning the Notification Authority
The court raised particular concerns about how the contested notification was issued. The document came from the nodal officer of the search committee, acting on behalf of the chancellor. Justice Thomas directly questioned whether the statute actually grants this nodal officer authority to issue such notifications.
This inquiry goes to the heart of the legal dispute: determining whether the chancellor or the state government holds proper authority for initiating the vice-chancellor appointment process at Calicut University.
Additional Petition and Next Steps
During proceedings, Dr P Rasheed Ahamed filed an impleading petition seeking to join the case. The state government opposed this petition, leading the court to schedule the next hearing for January 27.
The adjournment allows time for two important developments:
- The state government to formally file objections to Dr Ahamed's impleading petition
- The chancellor to submit a counter-affidavit addressing the court's questions about notification authority
This case continues to highlight the ongoing tension between gubernatorial and state government authority in Kerala's higher education appointments. The court's final determination could establish important precedents for university governance structures across the state.
