SC curbs Kerala governor's authority in VC selection, empowers CM
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It has almost stripped him of his authority as chancellor of universities in Kerala — except National University of Advanced Legal Studies, where the high court's chief justice serves as chancellor.
SC decided not to include the UGC nominee in the search committee and empowered the chief minister with unprecedented authority to decide candidates. As per the order, the search committee, headed by a retired SC judge, must share the details of shortlisted candidates with the CM, who will recommend them to the chancellor, in order of preference, for appointment as VCs.
The chancellor shall then appoint VCs from the empanelled names, following the CM's recommended order of preference. If the chancellor has reservations against empanelled candidates or against the CM's remarks on shortlisted candidates, he can put forth his opinion on file, supported by reasons and relevant material, the SC order said.
The order said that the chancellor shall give approval—except in case of a difference of opinion—within two weeks of receiving the file from the CM.
"The department of higher education, Government of Kerala or any other department concerned of the state govt are hereby directed to notify the appointment within one week from the date of receipt of approval from the chancellor of the university," it said. Until now, the chancellor was the appointing authority and the order was issued from Raj Bhavan.
"In cases where the CM has objected to the inclusion of any name in the panel and such objection is not acceptable to the chancellor or where the chancellor has an objection against the empanelment of any particular name for which he has assigned his own reasons, all such files shall be put up before this court.
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We make it clear that a final decision in this regard shall be taken by this court after giving a reasonable opportunity of being heard to objectors," said the SC bench.
The apex court appointed former SC judge Sudhanshu Dhulia as chairperson of the search-cum-selection committee for both universities and ordered that he be paid an honorarium of Rs 3 lakh for every day of the committee's proceedings until completion. The state shall also provide him with a suitable office, full secretarial assistance, transit accommodation and reimburse his business-class air travel expenses.
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