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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE GOPINATH P., J
State of Kerala – Appellant
Versus
Chancellor Kerala University of Digital Sciences Innovation and Technology, Thiruvananthapuram – Respondent
JUDGMENT :
W.P. (C) No. 42637/2024
1. This writ petition has been filed by the State of Kerala challenging Ext.P4 notification bearing No. GS3-2194/2024 dated 27.11.2024 issued by the 1st respondent-Chancellor of the Kerala University of Digital Sciences Innovation and Technology (hereinafter referred to as the ‘University’) appointing the 3rd respondent to exercise the powers and perform the duties of the Vice-Chancellor in terms of the provisions contained in sub-section (10) of Section 11 of the Kerala University of Digital Sciences, Innovation and Technology Act, 2021 (hereinafter referred to as the ‘2021 Act’) pending appointment of a Vice-Chancellor on a regular basis. I have, through my judgment in W.P. (C) No.42527/2024, considered a similar issue in the context of the provisions contained in the APJ Abdul Kalam Technological University Act, 2015 (hereinafter referred to as the '2015 Act'). On a consideration of the provisions of the 2015 Act and, in particular, sub-section (7) of Section 13 of that Act which, also deals with the method of appointment of a Vice- chancellor on temporary basis, I have held that the procedure for appointment contemplated by the provisions of sub
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.
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.
Age and qualification restrictions for Vice-Chancellors apply only to substantive appointments, not to temporary administrative arrangements ensuring continuity pending regular appointment under Sect....
The court upheld the Chancellor's interim appointment of a Vice-Chancellor under Section 10(19) of the Act, signifying that age and qualification stipulations do not apply to temporary arrangements.
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 appointment of acting Vice-Chancellor must adhere to statutory provisions, prioritizing seniority as mandated by the Karnataka State Universities Act, 2000.
(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....
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....
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