HC declares unsustainable Chancellor's appointment of temporary V-C for KTU
The Kerala High Court on Monday declared unsustainable a notification issued by the Chancellor appointing K. Sivaprasad, Professor, Department of Ship Technology, Cusat, as temporary Vice-Chancellor of the APJ Abdul Kalam Technological University. Justice Gopinath P., while allowing a writ petition filed by the State government, however, made it clear that the declaration will not have the effect of dislodging Mr. Sivaprasad from the office as his tenure is to expire by May 27.
Besides, the court also observed that it need not at present interfere with the appointment as frequent changes of persons holding the office may not be conducive to the interest of the university and its students.
The court, meanwhile, upheld the notification of the Chancellor appointing Ciza Thomas as temporary V-C of the Kerala University of Digital Sciences, Innovation and Technology as it found that the university Act empowered the Chancellor to make such a temporary appointment.
The court, while declaring unsustainable the notification on appointment of temporary V-C of the KTU, observed that it is clear that only persons who qualify in terms of the UGC Regulations can be appointed as Vice-Chancellor, even on a temporary basis, under sub-section (7) of Section 13 of the 2015 KTU Act. However, the procedure for such an appointment must commence with the government's recommendation. The government had contended that the Chancellor could not appoint a person who had not been recommended by the government as per the provisions of the Act.
'No provision in Act'
As for the appointment of temporary V-C in the digital university, the court noted that the provision in the digital varsity Act does not contemplate any recommendation of the State government for appointment to the post of V-C. The court also directed the State government to recommend the names of persons possessing qualifications prescribed by the UGC Regulations for appointment as temporary V-C at the KTU. It also directed that steps be taken to fill the post of V-C of digital varsity without undue delay.
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