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Consensus reached, Guv tells SC on VCs selection
The Supreme Court resolved the deadlock over vice chancellor appointments at two Kerala universities, urging future dialogue between the governor and chief minister.
The Supreme Court on Thursday brought curtains down on months of uncertainty over the appointment of vice chancellors to two state universities in Kerala, hoping that in future, the deadlock between the two constitutional authorities — Kerala governor and chief minister Pinarayi Vijayan — will be better resolved through talks, bearing in mind the larger interest of the nation.
The bench had initially constituted a search-cum-selection committee headed by former Supreme Court judge, justice Sudhanshu Dhulia, which recommended a panel of names for the two universities. Kerala CM Vijayan did not agree on the name suggested for Kerala Digital University following which the matter went back to the justice Dhulia panel to find a way out. After the court warned it would step in and make the appointments itself, the two authorities on Thursday informed the bench, comprising justices JB Pardiwala and KV Viswanathan, that VCs to both universities were made.
Hearing a petition filed by Kerala governor Rajendra Vishwanath Arlekar over the stalemate on the appointment of vice chancellors for APJ Abdul Kalam Technological University and Kerala University of Digital Sciences, Innovation and Technology, the top court said that in the “crossfire” it is the students, teachers and parents who ultimately get impacted.
“Our concern is that the institution should have a permanent head so that the interest of all stakeholders is safeguarded. A university cannot function without a regular vice chancellor. He has an important role to play,” said the bench.
Attorney general R Venkataramani appearing for the governor, who is the chancellor to the two universities, said, “When the deadlock was on, the governor thought he should call the chief minister and this ended the deadlock.” He informed the court that the two appointments have been made as both sides have agreed on the names.
The bench said, “We hope in future, they will continue to talk like this over a cup of coffee and arrive at an understanding in the larger interest of the country.”
However, the state represented by senior advocate Jaideep Gupta along with state counsel CK Sasi said, “This could not have happened without the intervention of this court.”
With the order of appointment put out by the governor, Gupta said that the same should not have been done. “Let us put an end to it. All is well that ends well….We thank both of you for bringing a happy ending to this saga,” the bench said. The court, however, left the question of law open to be decided at a later stage.
The bench said, “This case demonstrates how timely intervention by courts can go a long way in protecting the rights of citizens…For several months, the two universities were rudderless as consensus over VC eluded the governor and the chief minister. When the doors of this court were knocked, we were deeply concerned about the plight of the students, their parents, teaching and non-teaching staff, in short all stakeholders who were unfortunately caught in the cross-fire.”
With the order of appointment put out by the governor, Gupta said that the same should not have been done. “Let us put an end to it. All is well that ends well….We thank both of you for bringing a happy ending to this saga.”
The post of V-Cs for the two universities has been lying vacant since last year with a temporary V-C managing the affairs amid the stalemate between the two constitutional authorities.
The top court had in July observed, “Appointment of vice chancellors in educational institutions should not reach courts. There has to be harmony between the chancellor and the state government. Who are the sufferers ultimately, it is the students.”
This is the second instance in the recent past where the court has intervened to provide a solution for appointing V-Cs to universities due to lack of consensus between the governor of a state and the chief minister. A similar issue arose in West Bengal where V-Cs for 36 universities remained stuck and the Supreme Court constituted a search-cum-selection panel headed by former CJI UU Lalit. As this model succeeded, the same was replicated in the Kerala matter too by the present bench.
