Age and qualification restrictions for Vice-Chancellors apply only to substantive appointments, not to temporary administrative arrangements ensuring continuity pending regular appointment under Section 10(19) of the Kerala University Act.

JUDGMENT :

NITIN JAMDAR, CJ.

1. It has been nearly three years since the University of Kerala, a prestigious institution in the State, has been without a regular Vice-Chancellor due to differences between stakeholders. Now, this Petition, another in the series of litigation, seeks to question the temporary arrangement made by the Chancellor pending regular appointment.

2. The Governor of Kerala, being the ex officio Chancellor of the University of Kerala under the Kerala University Act, 1974 read with the University Grants Commission Regulations, 2018 , is empowered to appoint a Vice-Chancellor to the University of Kerala. After the term of the previous Vice-Chancellor ended, the Chancellor initiated the process for regular appointment by constituting a Search-cum-Selection Committee. Pending finalisation of the appointment, the Chancellor directed Respondent No.4, who is presently the Vice-Chancellor of the Kerala University of Health Sciences, to also discharge the duties of Vice- Chancellor of the University of Kerala. Challenging this arrangement, the Petitioners, members of the Senate of the University of Kerala, have filed the present writ petition seeking a writ of quo warranto against Respondent No.4, requiring him to show the authority under which he is holding the said office, and a writ of mandamus restraining him from exercising the powers of Vice-Chancellor of the University of Kerala.

3. We have heard Mr. Elvin Peter P.J., the learned Senior Advocate assisted by Mr. K.R. Ganesh, learned counsel for the Petitioners, Mr. N. Manoj Kumar, the learned State Attorney for the Respondent-State, Mr. P. Sreekumar, the learned Senior Advocate appearing for Respondent No.2-the Chancellor, Mr. Thomas Abraham, the learned standing counsel for Respondent No.3 – University of Kerala, and Mr. Binny Thomas and Ms. Girija K. Gopal, the learned counsel for Respondent No.4.

4. Section 10 of the Kerala University Act, 1974 (Act of 1974) which deals with the appointment of the Vice Chancellor reads as under:

“10. The Vice-Chancellor:-
(1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of a Committee appointed by him consisting of three members, one elected by the Senate, one nominated by the Chairman of the University Grants Commission and the third nominated by the Chancellor. The Chancellor shall appoint one of the members of the Committee to be its convener. The Committee shall make its recommendation within a period of three months of its appointment.
(2) In case the Committee appointed under sub-section (1) is unable to recommend a name unanimously, the Vice-Chancellor shall be appointed by the Chancellor from among the panel of three names submitted to him by the Committee within the period specified in the preceding sub-section.
(3) In case the Committee fails to make a unanimous recommendation as provided in sub-section (1) or to submit a panel as provided in sub-section (2), each member of the Committee may submit a panel of three names to the Chancellor and the Vice-Chancellor shall be appointed from among the person mentioned in the panels.
(4) Non-submission of the panel under sub-section (3) by any member of the Committee shall not invalidate the appointment of the Vice-Chancellor.
(5) No person who is more than sixty years of age shall be appointed as Vice-Chancellor.
(6) The Vice-Chancellor shall hold office for a term of four years from the date on which he enters upon his office and shall be eligible for reappointment:
Provided that a person shall not be appointed as Vice-Chancellor for more than two terms.
(7) The remuneration payable to, and the other conditions of service of the Vice-Chancellor shall be determined by the Chancellor.
(8) The Vice-Chancellor shall be the principal academic and executive officer of the University.
(9) The Vice-Chancellor shall be the Chairman of the Senate, the Syndicate, the Academic Council, the Students’ Council and the Finance Committee and shall be entitl