The Kerala High Court on Friday quashed the order of Governor Arif Mohammed Khan suspending the decisions of the Syndicate and the Board of Governors of APJ Abdul Kalam Technological University (KTU). A bench of Justice Sathish Ninan quashed Khan’s order after University Syndicate member and CPI(M) legislator I B Satheesh moved the High Court challenging the Governor's decisions. Referring to Khan's decision against the resolutions of the Syndicate and the Board of Governors, the Justice Ninan said: “Where the law prescribes a thing to be done in a particular manner and following a particular procedure, it shall be done in the same manner following the provisions of law, without deviating from the prescribed procedure.’’ In January this year, the Syndicate had decided to constitute a four-member standing committee to give administrative support to the vice-chancellor and the registrar. The Board of Governors, meanwhile, deferred the transfer of some employees, a decision taken by Vice-Chancellor Ciza Thomas, who was appointed by the Governor disregarding the state government’s objection. Khan suspended the decisions of the Syndicate and the Board by invoking Section 10 (3) of the APJ Abdul Kalam Technological University Act, 2015. Satheesh moved the High Court saying Khan did not comply with the provisions of the Act, which said that the Governor as the Chancellor did not grant an opportunity to show cause against any proposed order of suspension, prior to the passing of such an order. Hence, his action amounted to violation of the provisions of the Act. The court noted that the Section 10 (3) empowers the Chancellor to suspend or modify any resolution of any authority, which in his opinion is not in conformity with ordinance, statutes or regulations, or is against the interest of the university. However, the proviso mandates that before the exercise of such power, the Chancellor shall call upon the authority to show cause as to why such an order of suspension or modification should not be made. The court observed that the Governor, before suspending the decisions of Syndicate and the Board of Governors, did not follow such mandatory steps. Quashing the Governor’s order, the High Court said, “This shall be without prejudice to the right to proceed afresh in accordance with Section 10(3) of the Act.’’
