In setback to Governor, HC quashes his two orders on Kerala University

One batch of petitions was filed by the senate members nominated by the Chancellor under Section 17 of the Kerala University Act in the category of ‘Other Members’, while another one was filed by the persons nominated by the Chancellor under Section 17 of the Act under the category, ‘Ex-Officio Members’. They pointed out their nominations have been withdrawn by the Chancellor (Kerala Governor) in exercise of the powers conferred under the ‘Doctrine of Pleasure’.

The court said the Governor’s orders withdrawing the nominees from the Senate, by invoking the pleasure doctrine under the 4th proviso to Section 18(3) of the University Act, cannot be sustained and is liable to be interfered with. The court said when the university statute provides for a specific term of office and does not provide for withdrawal therefrom at pleasure, the doctrine of pleasure does not operate.

With regard to the constitution of the search-cum-selection committee and the appointment of its convener, the court said the Governor’s acts were not in accordance with law.

Quashing the orders of the Governor, the court observed: “The withdrawal of the nominated members is not for any alleged illegal act. While this court is not to sit in judgment or appeal over the reasons for the withdrawal of nomination, it is evident that the order is not based on any reason, but was rather founded on prejudice. It was an unreasoned act, without regard to the facts and circumstances. All the above points to arbitrariness. It appears that the Chancellor was under a misconception regarding the role of nominee, which also contributed to the arbitrary action. Therefore, on the facts as noted above, this court finds that the order withdrawing the nominated members suffer from the vice of arbitrariness.”

The issue had its origin last year when the then incumbent V-C of Kerala University was slated to retire on October 24. The Governor issued the notification for the selection committee on August 5, 2022. The Governor directed the senate to nominate its representative for the three-member search-cum-selection committee for selecting the next V-C. There was no move on the part of the CPI(M)-dominated senate to nominate its representative to the search committee. The senate wanted to withdraw the notification itself as it was not in conformity with the norms. In another occasion, the senate could not nominate its member for want of quorum in a meeting. Subsequently, the Governor sought the list of the members, who did not attend that Senate meeting on August 20, 2022. The Governor issued an order on October 15, withdrawing his nominated members from the Senate. At the same time, the Governor went ahead with the formation of the search-cum-select committee with two members.