"State interference": Supreme Court quashes reappointment of Dr Gopinath Raveendran as Kannur University VC

The Supreme Court on Thursday quashed the re-appointment of Dr. Gopinath Raveendran as the Vice Chancellor of Kannur University, holding that the Kerala government's unwarranted interference in the matter has vitiated the appointment. .A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that only the Chancellor (the Kerala Governor) can make appointments to the post and not even the pro-chancellor can intervene in the matter. .In this case, the Court noted that the Chancellor had, in fact, issued a notification appointing Dr. Gopinath Raveendran to the post. However, even this notification stood tainted by unwarranted interference by the CPI (M)-led Kerala government, the Court opined.Though the Court agreed with the State's submission that the reappointment was not hit by the age-limit prescription, it quashed the reappointment on the ground of excessive State interference..The top court, therefore, set aside a February 2022 Kerala High Court order which had upheld the re-appointment of Dr. Raveendran to the post. "Although the notification of appointment was issued by the Chancellor, but it was vitiated by unwarranted interference by the State government. It is only the Chancellor who can appoint and not even pro chancellor can intervene. If any statutory authority interferes then it would be patently illegal. Thus the appointment was vitiated by the interference by the State. We allow the appeal and the High Court order is set aside. Thus the notification of Nov 2021 re-appointing (Dr. Raveendran) as VC of Kannur University is quashed," the Supreme Court said..The 2021 re-appointment of Dr. Raveendran as the Vice Chancellor of Kannur University was challenged on the ground that he was past the statutory age-limit of 60 years at the time of his re-appointment since he was 61 at the time of his reappointment (being born on December 19, 1960).His re-appointment was defended on the ground that he was within the age limit when he was appointed for the first time. The said age limit would not apply when it comes to his second appointment, it was argued. .The Supreme Court agreed with this submission, holding that the age limit would not apply for "re-appointments""It is not necessary that there cannot be a re-appointment in a tenure post. The outer limit of 61 years will not apply as in the re-appointment process. We have also held that the process of re-appointment need not be similar as a fresh appointment of a Vice-Chancellor," the Supreme Court said. .Nevertheless, the manner in which the State government had acted throughout the episode ultimately led the top court to quash Dr. Raveendran's re-appointment in this case. "We have relied on the press reports, we have held that it is now well settled that writ of quo warranto lies if an appointment is in breach of a statute," the Court said while pronouncing its verdict. .The re-appointment of Dr. Raveendran as the Kannur Vice-Chancellor had been embroiled in political controversy.After he was re-appointed, the Kerala Governor, Mohammed Arif Khan, claimed that he was pressured by the CPI-M led State government to sign off on the re-appointment and that there was excessive executive interference in University appointments.The Governor also later alleged that Dr. Raveendran was part of a conspiracy to attack him (Arif Khan) when he visited the Kannur University campus..Allegations also arose that Dr. Raveendran's re-appointment was made without following the usual norms applicable for appointments to this post.In December 2021, a single-judge of the Kerala High Court upheld the appointment. This verdict was affirmed by a division bench of the High Court in February 2022, following which the case reached the Supreme Court.The Supreme Court allowed the appeal against the High Court's decisions in the matter..[Read judgment]