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Time of India
14-07-2025
- Politics
- Time of India
HC rejects appeals on temporary VC postings in 2 univs
Kochi: In a setback to the governor and chancellor of universities in the state, Kerala high court on Monday dismissed petitions challenging a single bench decision holding the appointments of temporary vice-chancellors in the Kerala University of Digital Sciences, Innovation and Technology and the APJ Abdul Kalam Technological University (KTU), made without the recommendation of the state govt, as unsustainable. A division bench of Justices Anil K Narendran and P V Balakrishnan rejected the appeals filed by the chancellor and temporary vice-chancellors of the digital university and KTU, Ciza Thomas and K Sivaprasad. Taking note of the prolonged administrative stalemate in both universities and its adverse impact on their functioning and students, the court urged the chancellor and the state govt to act proactively and ensure regular appointments to the posts without further delay. The appeals primarily challenged the single bench's finding that appointments made without the govt's recommendation are bad in law, as both the university acts mandate such recommendation and limit the tenure of temporary vice-chancellors to six months. They also questioned the legality of these provisions under both the Acts, contending that they are inconsistent with the UGC Regulations and alleging repugnancy under Article 254 of the Constitution, which provides that in case of conflict between state and central legislation, the central law prevails. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like La app de IA que está cambiando vidas — ¿por qué de repente está en todas partes? Finanzas y economía Prueba ahora Undo The bench, however, rejected this contention, holding that the UGC Regulations, 2010 and 2018, are silent on the appointment of temporary vice-chancellors. It clarified that Section 13(7) of the KTU Act and Section 11(10) of the Digital University Act, which permit temporary appointments for a period not exceeding six months, are not governed by the UGC Regulations. Therefore, the question of repugnancy under Article 254 does not arise. Under Section 13(7) of the KTU Act, the chancellor may appoint the vice-chancellor of any other university, the pro-vice-chancellor of KTU, or the secretary to govt, higher education department, as recommended by the govt, to serve as the vice-chancellor for a period not exceeding six months. Similarly, under Section 11(10) of the Digital University Act, the chancellor may appoint the vice-chancellor of any other university or the secretary of the electronics and information technology department, as recommended by the govt, to serve as the vice-chancellor for a period not exceeding six months. The court further held that, under both the Acts, the chancellor has no power to issue a notification to appoint temporary vice-chancellors in the digital university or KTU without the recommendation of the govt, until further orders, pending regular appointments. Finding no grounds to interfere with the single bench decision, the division bench dismissed the appeals. In light of the judgment, Thomas and Sivaprasad cannot continue as temporary vice-chancellors of their respective universities. They were appointed to the posts through notifications on Nov 27, 2024, and their tenure had ended on May 27.
New Indian Express
20-05-2025
- Politics
- New Indian Express
Vice chancellor selection in KTU, DUK tough call for Kerala government
THIRUVANANTHAPURAM: Uncertainty prevails over the appointment of new vice chancellors in APJ Abdul Kalam Technological University (KTU) and Digital University of Kerala (DUK) as the term of the incumbent interim VCs in both universities is set to end this month. Though rules stipulate appointment of a regular V-C within six months of appointing an interim V-C, the process has been stalled indefinitely in all varsities due to differences between the government and governor on the composition of the selection panel. This would necessitate a return to the interim V-C arrangement. In November last year, former governor Arif Mohammed Khan had appointed interim V-Cs in KTU and DUK for a six-month period following the failure to reach a consensus with the government on V-C selection. Khan made the appointments after disregarding a panel of names provided by the state government. His decision was challenged by the government in the High Court. On Monday, the High Court made it clear that the V-C appointment must commence with the state government's recommendation. Though the verdict has come as a shot in the arm for the government, it is in a fix as finding a suitable person as interim V-C, as per the Acts of both varsities, seems a tough task. As per the KTU Act, the charge of vice chancellor can be given either to the vice chancellor of any other university, the university's pro vice chancellor or the higher education secretary. Notably, KTU does not have a pro vice chancellor at present. In the case of DUK, the charge can be given to either the vice chancellor of any other university or secretary of electronics and information technology department.
The Hindu
19-05-2025
- Politics
- The Hindu
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.
