In a significant development, the Supreme Court of India has issued a firm directive to the Kerala Governor, who also serves as the Chancellor of state universities, to stop delaying a decision on a crucial report concerning the appointment of Vice-Chancellors. The apex court has given him a one-week deadline to act.
Court's Firm Stance on Chancellor's Inaction
A bench comprising Justices J B Pardiwala and K V Viswanathan expressed clear dissatisfaction on Friday with the Governor's delay in acting upon the report submitted by a committee headed by Justice (retd) Sudhanshu Dhulia. This committee was established by the Supreme Court to oversee the appointment process for VCs.
The bench emphasized that the panel was formed with the mutual agreement of both the state government and the governor. Therefore, the Chancellor is now legally and morally obligated to act on the findings presented in the report. The court explicitly stated that the chancellor cannot simply sit on the report without taking any action.
Conflicting Claims and the Court's Order
During the hearing, the legal counsel representing the Governor argued that while the report had been received, the complete set of records from the state government was still missing, which was hindering the process.
However, this claim was countered by senior advocate Jaideep Gupta, appearing for the state of Kerala, who informed the bench that the entire record had already been dispatched to the Chancellor's office.
The bench was unconvinced by the Governor's reasoning. In its order, the court stated, "We fail to understand why non-receipt of the record is coming in the way of looking into the report filed by the committee." The judges reminded all parties that the committee was appointed with their concurrence.
A Deadline for Decision
The Supreme Court's intervention came after Gupta brought the issue to its notice, seeking directions as the Chancellor was not progressing with a decision. The bench has now posted the hearing for next week, by which time it expects the Chancellor to have complied with its order.
The court's directive is clear: The learned chancellor must now look into the report and proceed accordingly, taking an appropriate decision within a week. This move underscores the judiciary's role in ensuring that constitutional functionaries fulfill their duties without unnecessary delays, especially in matters critical to higher education.
