Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. Manikumar, Shaji P. Chaly, JJ.
Dr. K.K. Vijayan, S/o. C. Narayanan Nambiar – Petitioners
Versus
The Chancellor, The Kerala University Of Fisheries And Ocean Studies – Respondents
W.P.(C) Nos.16457 & 25932 of 2021
Decided On : 14-11-2022
Constitution of India, 1950 - Article 246, 254 - Kerala University of Fisheries and Ocean Studies Act, 2010 - Section 33(6), 33(2), 73, 36, 33 33(6) – University Grants Commission Act, 1956 - Section 12(B), 26 - National Council for Teacher Education Act, 1993 - Section 17(4) - APJ Abdul Kalam Technological University Act, 2015 - Section 13 – Appeal - Parliament has power to make laws with respect to any matter for any part of the territory - Inconsistency between laws made by Parliament and laws made by the Legislatures of States - An Act to establish and incorporate a University of Fisheries and Ocean Studies in the State of Kerala and to provide for matters connected - Prohibition regarding giving of any grant to a University not declared by the Commission fit to receive such grant -Whether prior to Forty Second Amendment, when entry 11 of List II was in existence, and items 63 to 66 of List court are carved out of subject of education, whether power to legislate on those items is vested exclusively in Parliament - In event of any overlapping found in two entries of Seventh Schedule or two legislations, it is duty of court to find out its true intent and purpose and to examine particular legislation in its pith and substance, in order to determine whether it fits in one or other of lists. (Para 81).
Finding of the Court: Court are of view that Search cum Selection Committee constituted is also in violation of UGC Regulations, 2018 - Even though learned Senior Counsel for Vice Chancellor relied upon judgments of Apex Court Union of India and others and Uco Bank and another with respect to inconsistency between Central and State Acts, court are of definite opinion that law laid down by Apex Court in said judgments would not strictly apply to facts and circumstances of this case – Court part with judgment, court make it clear that contentions raised by writ petitioner with respect to disqualification for want of 10 years of service as professor for appointment as Vice Chancellor, is not legally sustainable, especially in view of fact that certificate issued by Tamil Nadu, Fisheries University would make it clear that he had sufficient qualification as a Professor.
Result: Appeal allowed
JUDGMENT :
(Shaji P. Chaly, J.)
1. The captioned writ petitions are filed by the applicants participated in the selection process to the post of Vice Chancellor in the Kerala University of Fisheries and Ocean Studies (KUFOS) consequent to Exhibit P5 notification issued by the State Government—2nd respondent; challenging the appointment of Dr. K. Riji John as the Vice Chancellor of the said University on various grounds, which would be dealt with hitherto.
2. Since the subject matter in both the writ petitions and the contentions are substantially similar, on agreement, we heard them together and proposed to pass this common judgment.
3. W.P.(C) No. 16457 of 2021 is filed seeking a writ of certiorari to quash Exhibit P4 notification issued by the Principal Secretary to Governor/Chancellor, Governor’s Secretariat, Kerala Raj Bhavan, appointing a Search Cum Selection Committee for recommending a panel of qualified applicants to the post of Vice Chancellor; Exhibit P7 minutes of the Selection Committee meeting for the appointment of Vice Chancellor of the University held on 20.11.2020; Exhibit P9 resolution of the Selection Committee held on 22.01.2021 recommending the name of Dr. K. Riji John, Dean (Fisheries) of the Kerala University of Fisheries and Ocean Studies, as the Vice Chancellor of the said University; and Exhibit P10 notification dated 23.01.2021 issued by the Governor’s Secretariat/Chancellor appointing Dr. K. Riji John as the Vice Chancellor of the University for a period of 5 years from the date of assumption of office or till he attains the age of 65 years, whichever is earlier, as provided under Section 33(6) of the Kerala University of Fisheries and Ocean Studies Act, 2010 (‘Act, 2010’ for short) and as per the UGC Regulations as amended from time to time; and for a further declaration that Dr. K. Riji John, respondent No.4, is not entitled to be appointed as the Vice Chancellor of the University— respondent No.3 or any other University in the State.
4. Further direction is also sought for the re-constitution of the Selection Committee and to complete the selection process in continuation of Exhibit P5 within a time frame fixed by this Court.
5. While the said writ petition was pending consideration before a learned single Judge, the pendency of the captioned connected writ petition seeking a writ of quo warranto before this Court was brought to the notice of the learned single Judge and accordingly, as per the order of the learned single Judge dated 13.12.2021, it is tagged on.
6. W.P.(C) No. 25932 of 2021 is filed seeking a writ of quo warranto against Dr. K. Riji John, respondent No.5 therein, who is alleged to be illegally occupying the post of Vice Chancellor of the University and a consequential writ in the nature of certiorari to quash Exhibit P6 Minutes of Selection Committee meeting held on 20.11.2020 for the appointment of the Vice Chancellor.
7. To dispose of the writ petitions, the pleadings, and documents available from W.P.(C) No. 16457 of 2021 are relied upon, and the findings rendered accordingly would decide the fate of the other writ petition also.
8. The paramount contention advanced by the writ petitioner is that the State Government has adopted the UGC Regulations with effect from 18.09.2010 and once the UGC Regulations are so adopted, they prevail over any State enactment or subordinate legislation made under it. It is further submitted that the UGC Regulations require persons in the Search Committee to be eminent in the sphere of higher education. However, the persons in the Selection Committee are not having the requisite qualifications as prescribed under Exhibit P1 Regulations, 2018 of the University Grants Commission.(UGC) It is also contended that the first member of the committee, Dr. J. Prabhash, was connected with higher education as he was a Professor and a Pro Vice Chancellor; but the post of Pro Vice Chancellor is below the Vice Chancellor; and therefore, the Chancellor was not ju
State legislation cannot override UGC standards in higher education. The appellant's appointment was invalid as the Search Committee did not comply with UGC Regulations, but he is allowed to continue....
Appointment as Vice-Chancellor of University – While preparing panel, Search Committee must give proper weightage to academic excellence; exposure to higher education system in country and abroad, an....
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
First choice in Section 13(7) of “Act” is Vice Chancellor of any other University in Kerala; and admittedly, all such persons are fully qualified in terms of both experience and educational qualifica....
Appointment as Vice-Chancellor of University – Post of Vice-Chancellor of University is a very important post and most meritorious person should be appointed as Vice-Chancellor of University from and....
It is trite and settled law that a writ of quo warranto can be issued in the case of appointment of like nature which is contrary to the statute.
Reappointment of Vice Chancellor without fresh selection is valid unless specified; initial appointment void for UGC non-compliance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
