Kerala High Court
Dr.P K Sureshkumar vs The Chancellor, Kerala ... on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 34900 OF 2022
PETITIONER:
DR.P K SURESHKUMAR
AGED 53 YEARS
S/O LATE P.R KRISHNAN, RESIDING AT SAKETHAM,
VADACODE P.O, KANGARAPADY ERNAKULAM, PIN- 682021,
MEMBER GENERAL COUNCIL OF KERALA AGRICULTURAL
UNIVERSITY AND WORKING AS PROFESSOR DEPARTMENT OF
AGRICULTURAL ENGINEERING, KERALA AGRICULTURAL
UNIVERSITY, VELLANIKKARA, TRISSUR
BY ADVS.
S.SUJIN
NAVANEETH D.PAI
RESPONDENTS:
1 THE CHANCELLOR,
KERALA AGRICULTURAL UNIVERSITY
KERALA RAJ BHAVAN, KERALA GOVERNORS CAMP P.O,
THIRUVANANTHAPURAM-695 009
2 STATE OF KERALA
AGRICULTURAL DEVELOPMENT AND FARMERS WELFARE
DEPARTMENT SECRETARIAT - 695 001
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT
3 ISHITHA ROY IAS (KL-1991)
AGRICULTURAL PRODUCTION COMMISSIONER,
AGRICULTURAL DEVELOPMENT AND FARMERS WELFARE
DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM,
KERALA - 695033
4 KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, TRISSUR, KAU P.O., PIN -680 656
REPRESENTED BY ITS REGISTRAR
5 REGISTRAR,
KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, KAU P.O., PIN- 680 656
W.P.(C)No. 34900 of 2022
:2:
6 ADDL.R6.
UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002.
(ADDL.R6 SUO MOTU IMPLEADED VIDE ORDER DATED 18-11-
2022 IN WP(C) 34900/2022).
BY ADVS.
SRI.S.GOPAKUMARAN NAIR (SR.)
SRI.ROBSON PAUL - SC
SRI.S.KRISHNAMOORTHY, CGC
SRI.S.PRASANTH, SC, CHANCELLOR OF UNIVERSITIES OF
KERALA
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI, SC, CHANCELLOR OF
UNIVERSITIES IN KERALA
SRI.M.V.ANANDAN
SRI T B HOOD - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No. 34900 of 2022
:3:
DEVAN RAMACHANDRAN, J.
=========================
W.P.(C)No.34900 of 2022
==========================
Dated this the 23rd December, 2022
JUDGMENT
The primary contention of the petitioner, among various
others in this case, is that the 3rd respondent is not competent to
function as the "Temporary Vice-Chancellor" of the Kerala
Agricultural University, since she does not have the credentials
as required under Regulation 7.3 of the "UGC Regulations,
2018".
2. The law in this regard has been well settled by various
judgments of the Hon'ble Supreme Court and presumably
therefore, when this matter was heard on earlier occasions,
various suggestions were made at the Bar, touching upon the
Statutory Scheme covering the field.
3. Today, Sri.N.N.Sugunapalan - learned Senior Counsel,
instructed by Sri.S.Sujin - learned counsel appearing for the
petitioner, vehemently argued that the continuation of the 3 rd
respondent as Vice-Chancellor is contrary to the declared law
W.P.(C)No. 34900 of 2022
and pleaded for a writ of quo-warranto to be issued to remove
her from office.
4. Sri.S.Gopakumaran Nair - learned Senior Counsel,
instructed by Sri.S.Prasanth - learned Standing Counsel for the
1st respondent - Chancellor, submitted that the 3 rd respondent
was appointed in consultation with the Pro-Vice-Chancellor of
the University, when there was a temporary vacancy, as per
Section 27(11) of the Kerala Agricultural University Act, 1971.
He, however, left it to this Court to decide the validity of the
said appointment on the touchstone of the declarations of law by
the Hon'ble Supreme Court.
5. Interestingly, when this matter was called today,
Sri.Robson Paul - learned Standing Counsel for the University,
submitted that the 3rd respondent has expressed her desire not
to continue and has taken leave from the office of the Vice-
Chancellor; and therefore, that the Chancellor of the University
addressed the Pro-Vice-Chancellor through his letter, dated
15.12.2022, to make "alternative charge arrangement". He
added that, he has been specifically instructed by the 3 rd
respondent to inform this Court that, she does not intend to
continue and that she has no objection in a suitable person
W.P.(C)No. 34900 of 2022
being appointed in her place. He added that the Government of
Kerala has now issued an order, dated 18.12.2022, suggesting
the name of Dr.Arya K. - Professor and Head, Plant Breeding
And Genetics Department, College of Agriculture, Vellayani, to
be the temporary Vice-Chancellor during the absence of the 3 rd
respondent. He concluded his submissions saying that, since
the 3rd respondent is no longer interested to continue, Dr.Arya
K., will hold the position, until a permanent Vice-Chancellor is
appointed in terms of the law.
6. Sri.T.B.Hood - learned Senior Government Pleader
submitted that as per his instructions, Dr. Arya K. was
appointed only for the interim period between 10.12.2022 and
20.12.2022, when the 3rd respondent had taken leave. He added
that he has no information yet that the 3 rd respondent has
expressed her intent not to continue in the post.
Taking note of the afore and since Sri.Robson Paul makes a
responsible submission as a counsel, that the 3 rd respondent has
decided not to continue in the post of temporary Vice Chancellor
any further, I close this Writ Petition without any further orders.
I make it clear that this Court has not considered any of
the other contentions of the rival parties on its merits and that
W.P.(C)No. 34900 of 2022
all of them are left open, thus leaving liberty to the petitioner to
seek a rehearing of this matter in case the afore recorded
submissions of Sri.Robson Paul are found to be not accurate.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
anm/lsn
W.P.(C)No. 34900 of 2022
APPENDIX OF WP(C) 34900/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.GS5-1440/2022
DATED 06-10-2022 ISSUED BY CHANCELLOR,
GOVERNOR'S SECRETARIAT, KERALA RAJ BHAVAN
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACTS OF
MODE OF APPOINTMENT OF VICE CHANCELLOR IN
UNIVERSITIES CONTAINED IN UGC REGULATIONS
OF 2010
Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACTS OF
MODE OF APPOINTMENT OF VICE CHANCELLOR IN
UNIVERSITIES CONTAINED IN UGC REGULATIONS
OF 2018
Exhibit P4 TRUE COPY OF RELEVANT EXTRACTS OF UGC
[INSTITUTIONS DEEMED TO BE UNIVERSITIES]
REGULATIONS, 2019
RESPONDENTS' EXHIBITS
Exhibit R5(a) TRUE COPY OF THE NOTIFICATION NO. GS5-
1440/2022 DATED 06/10/2022
Exhibit R5(b) TRUE COPY OF THE NOTIFICATION
GA/M2/10873/2022 DATED 17/08/2022
Exhibit R5(c) TRUE COPY OF THE EXTRACT OF THE KAU ACT
