The Supreme Court on Wednesday urged the Kerala government and the Governor to work together to appoint regular Vice-Chancellors (VCs) to APJ Abdul Kalam Technological University and the Kerala University of Digital Sciences, Innovation and Technology [The Chancellor, APJ Abdul Kalam Technological University v. State of Kerala & Ors].
A Bench of Justices JB Pardiwala and R Mahadevan cautioned against turning the issue into a power struggle between authorities, stressing that such conflicts should not come at the expense of students' academic welfare.
The Court further stated that pending the appointment of regular Vice-Chancellors, the Kerala Governor, in his role as ex-officio Chancellor, is permitted to either extend the tenure of the current temporary VCs or appoint new individuals to serve in those positions on an interim basis.
"Ultimately, it's not a matter as to who would exercise powers; it's to do with education of students. Why should students suffer in this type of litigation? While keeping the matter pending, we request ld. AG and ld. counsel appearing for the State to work out the necessary mechanism for the appointment of a regular Vice Chancellor at the earliest. It shall be open for the Chancellor to issue fresh notification for continuing with present Vice Chancellors...till a regular Vice Chancellor in both universities is appointed. Let the process start at the earliest," Court observed.
The controversy arose from two separate notifications dated November 27, 2024, through which Dr K Sivaprasad was appointed as temporary VC of APJ Abdul Kalam Technological University (KTU) and Dr Ciza Thomas was appointed as temporary VC of Kerala University of Digital Sciences, Innovation and Technology (Digital University).
On May 19 this year, a single judge of the High Court invalidated the appointments. The single judge had, however, allowed the appointees to continue until May 27, 2025 to prevent administrative disruption. A Division Bench of the High Court found no merit in the writ appeals challenging the single judge's order, prompting the Governor to move the Supreme Court.
Appearing for the Chancellor before the apex court, Attorney General R Venkataramani told the Court that disputes over the State government’s role in appointing temporary Vice-Chancellors have become a frequent and unresolved issue. He explained that the impasse over appointing a full-time Vice-Chancellor - stemming from differences between the Governor and the State - had led to the need for temporary appointments to ensure administrative continuity.
Senior Advocate Jaideep Gupta, appearing for the State, informed the Bench that the single judge of the High Court had also issued directions for the appointment of a permanent Vice-Chancellor. He further pointed out that a previous appointment of a temporary VC had been quashed by the High Court on identical grounds.
Responding to the submissions made by both sides, Justice Pardiwala observed that the matter should be resolved in the interest of students.
“For students' sake, resolve this. All that is important is: appoint the right person."
He further noted that the counsel for both parties played key roles in facilitating a resolution, adding,
“Mr. Gupta, you have a crucial role. Mr. Attorney and you can sort it out. We are only concerned with students.”
The matter was listed on August 13 for further consideration.
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