IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J.
Vinodkumar Jacob S/o P.K. Jacob – Appellant
Versus
The Vice Chancellor, APJ Abdul Kalam Technological University – Respondent
W.P. (C) Nos. 3197, 5548 of 2025
Decided On : 25-08-2025
JUDGMENT :
T.R. RAVI, J.
W.P (C) No. 3197 of 2025
1. The prayers in this writ petition are; to call for the records leading to Ext.P4 and quash the same by the issue of a writ of certiorari; to issue any other such writ, order or direction as this Hon'ble Court may deem fit and necessary to meet the ends of justice in the facts and circumstances of the instant case and to award the costs of this case to the petitioner.
2. Petitioner is a member of the Syndicate of the 3rd respondent University. The Vice Chancellor (1st respondent) convened a meeting of the Syndicate to consider various issues included in the 63rd agenda of the meeting of the Syndicate. This Court, as per its judgment in W.P.(C) No.39062/2023, had ordered finalisation of disciplinary proceedings by the Syndicate against one of the employees of the University. The time granted by this Court had expired on 07.10.2024. Even though the Enquiry Officer submitted his report and the Sub Committee had submitted its recommendation regarding the penalty, the matter has not been finalised due to the delay in convening the meeting of the Syndicate. In the agenda for the 63rd meeting, this matter was not included. One of the members of the Syndicate mentioned this matter at the meeting and requested inclusion of this item in the agenda. Most of the members present in the meeting supported this suggestion. However, the 1st respondent refused to entertain the request and declared that the meeting was closed, even without considering any of the items on the agenda.
3. A majority of the members present objected to the action of the 1st respondent. After electing one of the members of the Syndicate to preside, the members continued with the meeting in the absence of the 1st respondent, and transacted the business included in the agenda. The 1st respondent, however, passed an order annulling the decision of the Syndicate. The writ petition is filed in the above circumstances. It is contended that there is no provision either under the University Act or the Statute framed thereunder enabling the 1st respondent to annul any decision of the Syndicate. Reliance is placed on Statute 10 of the APJ Abdul Kalam Technological University First Statutes, 2020, ('First Statutes' for short) which provides that the Syndicate, in its discretion, can consider and discuss any issue brought to its notice. It is contended that the powers conferred on the 1st respondent under Section 14 of the APJ Abdul Kalam Technological University Act, 2015 ('the Act' for short) do not contain any power to annul any of the decisions of the Syndicate and that such power is reserved to be exercised by the Chancellor alone. It is contended that Chapter III sub-statute 1.3, enables the Syndicate to proceed with any transaction included in the agenda by electing one of the members as a Chairperson in the absence of the 1st respondent. It is submitted that it is in exercise of this power that the Syndicate decided to proceed with the 63rd meeting of the Syndicate.
4. The 1st respondent has filed an affidavit contending that the writ petition is not maintainable either in law or on facts. The locus standi of a Syndicate member to file the above writ petition is challenged. It is submitted that the writ petition has not been filed on behalf of the Syndicate or as authorised by the Syndicate, and that there is no averment in the writ petition as to how the petitioner is aggrieved by the decision of the 1st respondent. It is contended that the writ petition proceeds on a wrong premise that a meeting which was called of by the Vice Chancellor can be continued by the other members of the Syndicate, by electing another Chairperson. It is contended that the said provision deals with only a situation where a meeting of the Syndicate is to be convened in the absence of the 1st respondent and does not deal with a situation where a meeting is called off by the 1st respondent due to persistent arguments of some members to include an addi
The Vice Chancellor has the authority to cancel meetings, and decisions made by unauthorized majorities do not hold validity under statutory provisions.
The Vice Chancellor's authority to suspend a university Registrar is subject to the Syndicate's jurisdiction, and any meeting lacking proper convening procedures renders decisions invalid.
The appointment of a university Vice-Chancellor must comply with statutory requirements for unanimous consent from the Board as stipulated by law.
The Vice Chancellor can only constitute an Ad hoc Governing Body if no regular Governing Body exists, reaffirming the authority of the college's founders to form the permanent body.
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....
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
A quasi-judicial authority forming part of a statutory body corporate cannot challenge the appellate order of the Chancellor, its head and superior authority, except in cases of patent illegality or ....
The main legal point established in the judgment is the importance of 'concurrence' of the State Government for the appointment of a Vice Chancellor under Section 14(4) of the Karnataka State Univers....
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