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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE GOPINATH P., J
State of Kerala – Appellant
Versus
Chancellor APJ Abdul Kalam Technological University – Respondent
Headnote: Read headnote
JUDGMENT :
W.P. (C) No. 42527/2024
1. This writ petition has been filed by the State of Kerala challenging Ext.P9 notification bearing No. GS6-2838/2022 (1) dated 27.11.2024 issued by the 1st respondent-Chancellor of the APJ Abdul Kalam Technological University (hereinafter referred to as the 'University') appointing the 3rd respondent to exercise the powers and perform the duties of the Vice-Chancellor of the University in terms of the provisions contained in Section 13 (7) of the APJ Abdul Kalam Technological University Act, 2015 (hereinafter referred to as the '2015 Act') pending the appointment of a Vice-Chancellor on a regular basis.
The facts (in brief):
2. The appointment of one Dr. Rajasree M.S., as Vice-Chancellor of the University was declared illegal by the Supreme Court through judgment dated 21.10.2022. The judgment is reported as Dr. Sreejith v. Dr. Rajasree, 2022 (6) KLT 147 (SC). As a consequence of the said declaration, there occurred a vacancy in the office of the Vice-Chancellor
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 appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the 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....
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.
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 Chancellor's appointment of a temporary Vice-Chancellor under the 2021 Act is valid and does not require prior government recommendation, with UGC Regulations prevailing for qualifications.
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....
The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
There is no legal right for an appointee to continue for a fixed period.
Doctrine of “pith and substance” means that if an enactment substantially falls within powers expressly conferred by Constitution upon legislature which enacted it, it cannot be held to be invalid, m....
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