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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, BASANT BALAJI
Sivaprasad A., S/o. Appukuttan Nair – Appellant
Versus
State of Kerala, Represented By Its Secretary, Higher Education Department, Secretariat, Thiruvananthapuram – Respondent
| Table of Content |
|---|
| 1. appointment process and existing controversy. (Para 1 , 2) |
| 2. implications of temporary appointments within statutory provisions. (Para 5 , 11) |
| 3. temporary arrangements for vice-chancellor appointment. (Para 6 , 10 , 14) |
| 4. challenge based on age, qualifications, and procedural anomalies. (Para 7 , 8 , 17) |
| 5. legality of interim arrangements and implication of statutory language. (Para 19 , 22) |
| 6. dismissal of the writ petition and continuing challenges. (Para 23 , 24) |
JUDGMENT :
Nitin Jamdar, CJ.
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 pr
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.
Age and qualification restrictions for Vice-Chancellors apply only to substantive appointments, not to temporary administrative arrangements ensuring continuity pending regular appointment under Sect....
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.
eligibility contained under Section 10(10) of the Act 1996 in the matter of making reappointment by referring to various legal dictionaries.
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....
(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....
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.
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