Thread by @barandbench

Supreme Court hears plea by the Governor of Kerala in his capacity as Chancellor of APJ Abdul Kalam Technological University, challenging a High Court ruling which upheld the State government’s authority to recommend temporary VCs.

Bench: Justices JB Pardiwala and R Mahadevan

A fresh application has been filed by the State of Kerala challenging an earlier notification by the Governor (Chancellor) that had re-appointed Dr. K Sivaprasad as a temporary VC of the University.

AG R Venkataramani: the governer has issued an order entirely in terms of the Court’s orders. Their request is that an interim VC can be appointed unless we give a recommendation to the chancellor don’t pick up the interim VC.

Sr. Adv. Jaideep Gupta: we have filed an application. The appointment of the regular chancellor also follows certain other sections. On the interpretation there needs to be a committee formed by the state govt then there has to be a search, a recommendation then the Chancellor has to appoint. We have been doing that. But a different search committee has been formed by the Chancellor for appointment for regular VC. According to the statute and the UGC Act, it has to be done by the state government. The chancellor ignored our suggestion and went ahead and appointed his own search committee. Therefore we went to the HC.

Justice Pardiwala: Mr. AG who has the legal authority to constitute search committee?

AG: Chancellor has the power to nominate.

Pardiwala: how many members were there in the search committee?

Gupta: 5 members. But one was to be done by the UGC. And the UGC gave that name to the Chancellor and not to us.

Pardiwala: Chancellor may participate in the regular appointment of VC no problem. Why create this stalemate at the stage of formation of search committee? You both give us 5 names, we will consider them. Let a duly appointed search committee be formed and place their recommendations before the chancellor.

AG: the VC shall be appointed by the chancellor on the recommendations of the selection committee appointed by him. This is the law.

Gupta: it’s not correct.

Gupta: the search committee according to UGC regulations will be constituted by the state government.

Gupta: (reads from order): since UGC is silent about the appointment of search committee, the state has the power under its executive authority to appoint the same.

Pardiwala: we believe there is a way out. Let us see the UGC regulations.

AG: the provision is very clear. There will be a public notification. That the government can do. I have no problem with that. But the chancellor will say these are the people to be nominated to the committee after persons come ahead from the notification.

Justice Pardiwala: should we leave it to be UGC to constitute the entire committee? Both sides can put forward their recommendations.

AG: I have no problem with that.

Gupta: neither the UGC nor the chancellor has executive powers.

Justice Pardiwala: then we’ll appoint it. Chalo. Each of you give us 4 names. UGC will appoint 1.

Gupta: I need to get some instructions on this.

Justice Pardiwala: the chancellor and the government should sit for a cup of coffee.

AG: as per the last orders, the chancellor had extensive meetings with 2 meetings.

Justice Pardiwala: what about the temporary appointments?

Gupta: 13(7) says the chancellor will appoint temporary VCs on the recommendation of the State government…

Gupta: we have filed an IA challenging the notification.

Justice Pardiwala: according to you Dr. K Sivaprasad is not fit to the temporary VC?

Gupta: no. He has to be recommended by the State. We have them 3 names on the 1st of August. On the same day itself they appointed someone else. There is an order that covers this very issue.

Pardiwala: okay. We want 4 names of each of your sides. For the time being in larger interest we may ignore what has been pointed out about temporary VC. But why waste time when it comes to permanent VC. We’ll help you out. We’ll appoint the committee. You can sit with the state government and decide then.

Gupta: education is in the concurrent list. If by this process the chancellor ensures there’s no whiff of the Kerala government then it will affect the federal structure.

Justice Pardiwala: we will now constitute the search committee. It will conduct its exercise. And follow the procedure established by law.

Justice Pardiwala: tomorrow top of the board. Mr Gupta it is our request do not precipitate this issue relating to temporary appointment. Let us put an end to this impasse.