IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
STATE OF KERALA – Appellant
Versus
THE CHANCELLOR, UNIVERSITY OF CALICUT – Respondent
WP(C) NO. 42795 OF 2025(Y)
| Table of Content |
|---|
| 1. the role of committee members in the vice chancellor's appointment. (Para 1) |
| 2. requirements for commencing the selection process. (Para 2 , 3) |
| 3. procedure for electing new committee members. (Para 4 , 5) |
| 4. timely election of committee members by university senate. (Para 6) |
ORDER
The 5th respondent entered appearance through Counsel and submits that he is not interested in being a member of the Search-Cum-Selection Committee. As such, the requirement of there being minimum three members in the Search-Cum-Selection Committee for the post of Vice Chancellor is not satisfied. Being so, the question arises as to whether the process of selection can be continued.
2. According to the learned Advocate General, going by Regulation 7.3.ii of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018, the selection process can commence only after a properly constituted Search-Cum-Selection Committee is in place.
3. Per contra, the learned Senior Counsel appearing for the Chancellor contends that it is well within the powers of the Chancellor to invite applications from interested persons, the role of the Search-Cum-Selection Committee being confined to the selection of the most suitable person from among the applicants.
4.Undoubtedly, the process of selection to the post of Vice Chancellor cannot commence without the Search-Cum- Selection Committee being in place. At the same time, applications having been invited vide Ext.P2, the receipt of applications is not interdicted, but made subject to the outcome of the writ petition. It is made clear that the selection process shall commence only after the Search- Cum-Selection Committee is duly constituted.
5. The next question is as to how the constitution of the Committee is to be proceeded with in view of the 5th respondent's stand that he is not interested in continuing as a member of the Committee. Here, the submission of the learned Standing Counsel for the University that the procedure is to convene a meeting of the Senate to elect a new member to the Search-Cum-Selection Committee assumes relevance. Learned Standing Counsel points out that under special circumstances, the Senate can be convened in thirty days.
6. Considering that the selection for the post of Vice Chancellor, which is of utmost importance, has come to a standstill, the 2nd respondent shall convene the meeting of the Senate of the Calicut University to elect a new member to the Search-Cum-Selection Committee within thirty days of production of a copy of this order. As the members elected to the Search-Cum-Selection Committee earlier were unwilling to sit in the Committee, it will be appropriate to obtain the consent of the elected member, before forwarding the decision of the Senate to the Chancellor for approval.
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