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 Act, 2015.

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 1^st respondent-Chancellor of the APJ Abdul Kalam Technological University (hereinafter referred to as the 'University') appointing the 3^rd 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 of the University, necessitating the appointment of a temporary Vice-Chancellor in terms of the provisions contained in sub-section (7) of Section 13 of the 2015 Act. On 22.10.2022, the Principal Secretary, Higher Education Department addressed a letter to the Principal Secretary to the 1^st respondent recommending the name of Dr. Saji Gopinath, Vice-Chancellor, Digital University of Kerala to exercise the powers and perform the duties of the office of the Vice- Chancellor of the University pending the regular selection of a Vice- Chancellor. However, this proposal was not accepted by the 1^st respondent, prompting the Government to recommend the name of the Principal Secretary to the Government, Higher Education Department, to act as Vice- Chancellor of the University pending appointment of a Vice-Chancellor on a regular basis. However, the 1^st respondent proceeded to issue Ext.P1 notification bearing No.GS6-2838/2022 dated 3.11.2022 appointing one Prof. (Dr.) Ciza Thomas to exercise the powers and functions of the Vice-Chancellor of the University until further orders. This notification, dated 3.11.2022, was challenged by the State by filing W.P. (C) No.35656/2022. A learned single Judge of this Court, through judgment dated 29.11.2022, dismissed the writ petition. The State carried the matter to the Division Bench by filing an intra Court appeal as W.A. No.1847/2022. The Division Bench inter alia found that in terms of sub-section (7) of Section 13 of the 2015 Act, the power to recommend names of persons who could be appointed to exercise the powers and perform the duties of Vice-Chancellor pending a regular appointment was with the Government. However, it was held that notwithstanding any contrary provision in sub-section (7) of Section 13, only persons who are qualified in terms of the University Grants Commission (hereinafter referred to as ‘UGC’) Regulations, The University Grants Commission Regulation on Minimum Qualification for appointment of Teachers in Universities and Colleges, 2018 could be so appointed. The judgment of the Division Bench in W.A. No.1847/2022 is on record as Ext.P3. That judgment has become final.

3. On 21.2.2023, the Government forwarded a panel containing the names of three persons who could be considered for appointment as a temporary Vice-Chancellor (till a regular Vice-Chancellor was appointed for the University) to the 1^st respondent. In response to this letter dated 21.2.2023, the 1^st respondent required a clarification from the Government as to whether it was standing by its earlier recommendation dated 22.10.2022 recommending the name of Dr. Saji Gopinath for appointment as temporary Vice-Chancellor or whether it was standing by its recommendation as contained in the letter issued on 21.2.2023, following Ext.P3 judgment. In response, the Government forwarded a letter dated 29.3.2023 containing a reconstituted panel of names for consideration of the Vice-Chancellor, also including the name of Dr. Saji