On Monday, the Supreme Court decided to wait for the report of former Apex Court judge Sudhanshu Dhulia before considering a plea filed by Kerala Governor Rajendra Arlekar, seeking the exclusion of Chief Minister Pinarayi Vijayan from a committee responsible for recommending Vice Chancellors (VCs) for APJ Abdul Kalam Technological University and Kerala Digital University.
The plea was mentioned by Attorney General R. Venkataramani, representing the Governor, before the Bench of Justices J. B. Pardiwala and K. V. Viswanathan. The AG stressed the urgency of the matter, noting that the question of who holds the authority to appoint vice chancellors could lead to complications once the committee submits its recommendations. He clarified that the application was not intended to obstruct Justice Sudhanshu Dhulia’s proceedings but pointed out that a subsequent Apex Court order had restored the Governor’s role as Chancellor, raising concerns about the Kerala panel’s current composition.
Referring to the West Bengal Governor VC dispute, the Attorney General noted that a committee headed by former CJI U. U. Lalit had been appointed there, and the Top Court later modified its order to clarify that the Chief Minister of West Bengal need not follow a prescribed order of preference. This modification effectively reinforced the Governor’s authority as Chancellor, which, according to the plea, could conflict with the ongoing selection process in Kerala.
The Bench observed that it was prudent to await Justice Sudhanshu Dhulia’s report before taking any decision. Justices J. B. Pardiwala stated that the Court would examine the report and the modified orders to work out appropriate modalities, and the matter was subsequently deferred.
The Governor’s petition highlighted that the university statutes for both institutions the APJ Abdul Kalam Technological University Act and the Kerala Digital University Act do not provide for any role of the state government or the Chief Minister in the VC selection process. By contrast, in West Bengal, under Section 8(1) of the Calcutta University Act, the state minister is part of the selection process. The plea argued that involving the Chief Minister in Kerala would violate the principle against a person judging their own cause, as outlined in UGC regulations, given the CM’s executive role over government colleges affiliated with the universities.
The Governor clarified that he does not seek any change regarding the appointment of Justice Sudhanshu Dhulia as the Chairperson of the search-cum-selection committee but opposes participation of state government nominees in the panel.
Source Link
Picture Source :
