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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, NITIN JAMDAR
Sivaprasad A. S/o Appukuttan Nair – Appellant
Versus
State of Kerala – Respondent
Headnote: Read headnote
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 Petitione
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.
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 Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the 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....
Consultation does not mean concurrence, and the final decision rests with the consultor.
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.
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 UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
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....
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