Kerala HC refuses to stay the appointment of interim Vice-Chancellor of APJ Abdul Kalam Technological University

The State government had moved the High Court seeking to stay the Chancellor’s order stating that K. Sivaprasad shall exercise the powers and functions of the Vice-Chancellor of the University, pending the appointment of a regular Vice-Chancellor.

The Kerala High Court has refused to stay the order of the Chancellor’s order appointing K. Sivaprasad as the interim Vice-Chancellor of the APJ Abdul Kalam Technological University.

The State government had moved the High Court seeking to stay the Chancellor’s order stating that Mr. Sivaprasad shall exercise the powers and functions of the Vice-Chancellor of the University, pending the appointment of a regular Vice-Chancellor.

The case is the latest episode of the stand-off between the Governor Arif Mohammed Khan, who is the Chancellor of the Universities in the State, and the State government.

The State argued that entrusting the powers and duties of the Vice-Chancellor of the University to Mr. Sivaprasad was arbitrary and illegal and not in conformity with the law.

The provision of the APJ Abdul Kalam Technological University Act did not bestow any unfettered power or discretion for the Chancellor to appoint any person of his choice to exercise the powers and functions of the Vice-Chancellor of the University pending the appointment of a regular Vice-Chancellor.

The powers of the Chancellor are circumscribed by Section 13 (7) of the Act. The Chancellor can act under Section 13 (7) of the Act only on the recommendation of the government. The act of appointment of Mr. Sivaprasad was not based on the recommendation of the State government and hence illegal, the State argued.

The appointment of Mr. Sivaprasad as the Vice-Chancellor of the University, in violation of statutory provisions rendered the appointment void ab initio and per se illegal, the state argued.

The counsel for the Chancellor informed the High Court that Mr. Sivaprasad had assumed the charge as the interim Vice-Chancellor.

Justice A.A. Ziyad Rahman, who considered the case, issued notices to the respondents, including Mr. Sivaprasad, and adjourned the petition for further hearing next week.

Published - November 28, 2024 08:43 pm IST