Supreme Court quashes re-appointment of Kannur University Vice-Chancellor

In a big setback to Kerala’s LDF government, the Supreme Court on Thursday quashed the re-appointment of Professor Gopinathan Raveendran as Vice-Chancellor of Kannur University on the ground of “unwarranted interference” by the state government.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said it is the Governor acting as the Chancellor who has been conferred with competence under the Kannur University Act, 1996, to appoint or re-appoint the Vice-Chancellor, (and) no other person, even the Pro-Chancellor or any superior authority can interfere with the functioning of the statutory authority.

Justice Pardiwala, who pronounced the judgment on behalf of the bench, said, “If any decision is taken by the statutory authority at the behest or on the suggestion of a person who has no statutory role to play the same would be patently illegal. Thus, it is the decision-making process which vitiated the entire process of re-appointment of respondent no. 4 as the Vice-Chancellor."

The court found that the re-appointment was vitiated by interference from the state government.

“Although the notification reappointing Raveendran to the post of Vice-Chancellor was issued by the Chancellor, the decision stood vitiated by the influence of extraneous considerations,” the bench said.

It also noted the Chancellor abdicated and surrendered the statutory powers for re-appointing the V-C.

“While dealing with the case of the Vice-Chancellor, the Governor, being the Chancellor of the University, acts only in his personal capacity, and therefore, the powers and duties exercised and performed by him under a statute related to the university, as its Chancellor, have absolutely no relation to the exercise and performance of the powers and duties by him while he holds office as the Governor of the State,” the bench explained.

In the case, the bench pointed out that on November 1, 2021, a notification was issued inviting applications to the post of V-C but all of a sudden, the Minister for Higher Education and Social Justice in his capacity as the Pro-Chancellor addressed a letter to the Chancellor on November 22, 2021, recommending the name of an incumbent to another term. The same day, the notification was withdrawn. On the next date, Prof Raveendran was appointed to the post.

The bench allowed the appeal and set aside the high court's order. As a consequence, it quashed the notification dated November 23, 2021, re-appointing Prof Raveendran as Vice Chancellor of Kannur University.

The apex court judgment came on an appeal filed by Dr Premchandran Keezhoth elected member of the senate of the University and another person, a member of the academic council of the University, challenging the February 2022 judgment delivered by a division bench of the Kerala High Court approving the re-appointment of the VC and affirming the December, 2021, single judge bench judgment.

Kerala Governor Arif Mohammad Khan had earlier claimed the appointment has been made due to political reasons. He also accused the V-C of ruining the University and making several illegal appointments. He even issued a press release stating that the truth is that the re-appointment was initiated by the Chief Minister and Higher Education Minister.

In its judgment, the court, however, declared re-appointment is permissible even in case of tenure post. It also held the outer age limit of sixty years provided in sub-section (9) of Section 10 of the Act 1996 will not apply, when it comes to reappointment under sub-section (10) of Section 10 of the Act 1996. It also ruled that it is not necessary to follow the procedure of appointment as laid down in Section 10 of the Act 1996 for the purpose of reappointment.