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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
State Of Kerala Represented By The Additional Secretary To The Government Higher Education Department – Appellant
Versus
Chancellor, APJ Abdul Kalam Technological University – Respondent
JUDGMENT :
(A. Muhamed Mustaque, J.)
1. This appeal is filed by the State Government.
2. The matter relates to an appointment to the post of Vice-Chancellor in terms of Section 13(7) of the A.P.J. Abdul Kalam Technological University Act, 2015 (for short, “the Act”). The incumbent Vice-Chancellor, viz., Dr.Rajasree M.S., consequent upon the upholding of a challenge by the apex court, vacated the office on 21.10.2022. Section 13(7) of the Act permits the appointment of a Vice-Chancellor for a period not exceeding six months in the aggregate till the regular Vice-Chancellor assumes office. The Chancellor, APJ Abdul Kalam Technological University (for short, “the University”), who is the Governor of the State, appointed Prof. (Dr.) Ciza Thomas (3rd respondent) without there being a recommendation of the State Government as contemplated under Section 13(7) of the Act. Challenging her appointment as above for the interregnum, the State Government has come up before this Court with the writ petition for the reliefs of quo warranto, writ of certiorari, mandamus etc. The learned Single Judge, who heard the matter, refused to issue quo warranto. Other reliefs sought by the State Government we
There is no legal right for an appointee to continue for a fixed period.
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
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.
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....
The power of reappointment of the Vice Chancellor was held to be vested with the Chancellor and not the State government, and the State government's order re-appointing the VC was held to be in viola....
The appointment of a temporary Vice-Chancellor must comply with statutory procedures and UGC qualifications, requiring government recommendations as per the APJ Abdul Kalam Technological University A....
The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
(1) Writ of Quo warranto – Writ of quo warranto can be issued where an appointment has not been made in accordance with law – Quo warranto is directed to such person who is required to show by what a....
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