Consensus reached on appointment of VCs in Kerala varsities, Governor tells SC
NEW DELHI: The Supreme Court was informed on Thursday that the Kerala Governor and the state government have agreed on names for the appointment of vice chancellors of the A P J Abdul Kalam Technological University and Kerala University of Digital Sciences. The Attorney General, appearing for the Governor, informed the apex court that the matter had been resolved and that the development duly communicated to Justice Sudhanshu Dhulia. The Supreme Court bench of Justices J B Pardiwala and K V Viswanathan on Thursday hailed the development as a very happy ending, clarifying that all the questions of law arising from the dispute have been kept open for future adjudication. The apex court said a university cannot run without the vice chancellor as he has an important role to play. Lets put an end to this. We have to make sure that (the candidates) are meritorious, Justice Pardiwala remarked. Senior Advocate Jaideep Gupta, appearing for Kerala government, submitted that an appointment order should not have been issued while the matter was still pending before the Court. Hearing these submissions, Justice Pardiwala, however, observed that the Courts primary concern had always been to ensure that appointments were made. The court also in its order noted that Justice Dhulia was entrusted with the task of recommending at least three names for the Vice-Chancellor posts. Today, we are happy that the Chancellor and the Government, in one voice, have reported that the appointment of the Vice-Chancellors has been made, he said. After our last order referred to above, there has been some positive developments. This case illustrates how timely and decisive intervention can go a long way in protecting rights of citizens. Two prominent universities were ruler less. They had no permanent VC heading them. The only reason was, that a consensus was eluding the governor and state government. Doors of this court was knocked, we were deeply concerned, the bench said. We appointed Justice Dhulia and entrusted him with the task of recommending at least three names for VC in two universities. Today, we are happy that the chancellor and government in one voice have reported that the appointment of the VC has been made. We place our appreciation to the good office of Justice Dhulia, it added. The top court in its order said its endeavour was that the interest of all stakeholders is safeguarded. We place our appreciation to the authorities who have acted in aid of the court in appointment. Curtains have been gracefully brought down by the authorities and we also appreciate the attorney general and senior advocate Jaideep Gupta and to the entire team assisting for bringing around a very happy ending to this saga, the bench said. The top court had earlier said it would intervene to resolve the ongoing deadlock over the selection of vice chancellors for two technical universities in Kerala if the chief minister and the governor do not reach a consensus. On November 28, the top court took serious exception to the Kerala governor and chancellor ot looking at the Dhulia Committee report on the appointment of the vice chancellors of the two universities and remarked that it is not just an ordinary piece of paper. On September 2, the Kerala governor moved the apex court for the exclusion of Vijayan from the selection process of the vice chancellors. The governor said neither of the universities envisioned any role for the chief minister in the selection process. On August 18, to end the impasse between the Kerala governor and the state government over the appointment of vice-chancellors, the apex court appointed former apex court judge Dhulia as head of a panel meant for shortlisting names. Justice Dhulia demitted office as Supreme Court judge on August 9. On July 30, the top court asked both the Kerala government and the attorney general, appearing for the governor, to work out some mechanism in harmony to resolve the dispute. The Governor in the petition filed in the top court, said neither of the universities envisioned any role for the chief minister in the selection process of Vice-Chancellors. The plea of Arlekar said that the role of chief minister in the entire selection process for appointment of VCs for the two universities and referred to State of West Bengal versus Dr Sanat Kumar Ghosh and Others, the directions of which had been applied in the present case. He added in his plea that since the minister is a part of the selection process in the appointment of Vice Chancellors in the State of West Bengal, this court made the Chief Minister a part of the said process. Karlekar pointed out in his petition that the university enactments -- the A P J Abdul Kalam Technological University Act and the Kerala Digital University Act -- had no provision for having the minister for higher education or the state government as a part of the selection process for recommendation for appointment of VCs. Therefore, in the humble submission of the application the role of CM for selection of VCs as mentioned in the order dated August 18, may be modified by this court, the plea of Karlelar said, adding that the chief ministers involvement would violate the principle against a person judging his own cause, a norm embedded in the University Grants Commission (UGC) Regulations. The Chief Minister being the Executive Head of the State is connected with the number of government colleges, managed by the government and affiliated to the university. Therefore, as per UGC Regulations he cannot have any role whatsoever in the appointment of Vice Chancellors, the application said.
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