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This is an archive article published on November 8, 2022

HC relief for V-Cs Kerala governor asked to quit: No final call until pleas settled

Also the court rejects a plea challenging the governor's appointment of Dr Ciza Thomas to APJ Abdul Kalam Technological University disregarding the government's recommendation.

The court directed the governor to file an affidavit by the date. (Credit: Wimimedia Commons)The court directed the governor to file an affidavit by the date. (Credit: Wimimedia Commons)

In a respite for vice-chancellors of state universities who had been asked to step down by the Governor, the Kerala High Court on Tuesday said that the Governor, as Chancellor of state varsities, will not take a final decision on show cause notices he had served to them until their writ petitions in court are disposed of.

The lawyer appearing for the Governor submitted that he requires more time to file counter-pleadings, as Governor Arif Mohammad Khan was out of station and returned only recently. The court adjourned the matter until November 17.

In the interim order, the bench of Justice Devan Ramachandran said, “I am told at the Bar that the petitioners (V-Cs) have filed their objections before the Chancellor and have sought an opportunity of hearing. Obviously, the proceedings of the Chancellor can be completed only after such a hearing is also completed.”

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The Governor had on October 23 asked V-Cs of nine state universities to step down within 24 hours. The V-Cs had moved the HC the following day, challenging Khan’s directive.

Khan had asked them to resign in the wake of a Supreme Court order declaring the appointment of APJ Abdul Kalam Technological University V-C as “illegal” and “void ab initio’’ (legally void from the beginning). The Governor had also issued show cause notices to the V-Cs, asking them to explain their rights to remain in office. The V-Cs had alleged that they were denied natural justice.

The court subsequently allowed the V-Cs to continue in office until further orders. The court said the Chancellor’s declaration that the vice-chancellors have ceased to be in office since October 21 was made without following due procedure.

Court refuses to stay appointment of Gov nominee

In another interim order, the High Court on Tuesday rejected the state government’s plea challenging the appointment of Ciza Thomas as acting V-C of APJ Abdul Kalam Technological University (KTU). Governor Arif Mohammad Khan had appointed Thomas, a joint director with the state Technical Education Department, as V-C, disregarding the state government’s recommendation that senior IAS officer Ishita Roy be appointed in the post. The court also served a notice to the University Grants Commission (UGC), making it a party to the petition. Justice Devan Ramachandran will consider the petition on Friday.

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