Kerala HC Intervenes in Calicut University VC Selection; Orders Senate to Elect New Search Committee Member Within 30 Days

ERNAKULAM: The Kerala High Court on Wednesday intervened in the stalled process of appointing a new Vice-Chancellor for the University of Calicut, directing the University Senate to convene within 30 days to elect a new member to the Search-Cum-Selection Committee. Justice V.G. Arun clarified that while the receipt of applications can continue, the actual selection process cannot commence until the committee is duly constituted.

Background of the Dispute

The court was hearing a writ petition filed by the State of Kerala, represented by the Additional Secretary of the Higher Education Department. The state challenged notifications issued by the University Chancellor regarding the appointment process. The proceedings hit a significant roadblock when a nominated member of the Search-Cum-Selection Committee, Prof. Sabu A. (the 5th respondent), informed the court that he was not interested in serving on the panel.

This withdrawal left the committee without the minimum required three members, bringing the entire selection for the crucial post of Vice-Chancellor to a standstill and raising legal questions about the validity of the process.

Clashing Arguments on Procedure

The core legal issue debated before the court was the timing and necessity of the Search-Cum-Selection Committee.

• State of Kerala's Argument: The Advocate General, Sri. K. Gopalakrishna Kurup, argued that according to Regulation 7.3.ii of the UGC Regulations, 2018, the selection process can only begin after a properly constituted Search-Cum-Selection Committee is in place. This implies the committee is a prerequisite for any step in the selection.

• Chancellor's Argument: Senior Counsel Sri. P. Sreekumar, appearing for the Chancellor, countered that the Chancellor has the authority to invite applications from interested candidates independently. He argued that the committee's role is confined to the later stage of selecting the most suitable person from the pool of applicants.

Court's Ruling and Directions

Justice V.G. Arun, in his order, sided with the petitioner on the fundamental principle, establishing a clear procedural mandate.

> "Undoubtedly, the process of selection to the post of Vice Chancellor cannot commence without the Search-Cum-Selection Committee being in place," the court observed.

However, the court adopted a pragmatic approach to avoid further delays. It ruled that while the selection process is on hold, the receipt of applications , which had already been invited, would not be stopped. This is, however, subject to the final outcome of the main writ petition.

The Path Forward: A 30-Day Deadline

To resolve the impasse created by the committee member's withdrawal, the court ordered a clear course of action.

The University of Calicut, represented by its Registrar, has been directed to convene a meeting of the University Senate within thirty days to elect a new member to the Search-Cum-Selection Committee.

In a move to prevent a recurrence of the issue, the court added a practical suggestion:

> "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."

This order effectively restarts the stalled process by focusing on the immediate procedural hurdle, ensuring that the selection for the high-stakes position of Vice-Chancellor can proceed in compliance with established regulations.