The Kerala High Court on Monday ruled that the vice chancellors of nine universities in the state can continue in their post till the Governor, who is also the chancellor of these universities, issues a final order. Justice Devan Ramachandran observed that the Governor's order directing the VCs to submit their resignations on Monday has become invalid since he himself has issued fresh show cause notices to them.
The high court conducted a special sitting in the afternoon to consider the petitions filed by the nine vice chancellors who refused to resign as per the governor's directive.
The court, however, questioned whether the appointments of the VCs were prima facie illegal in the light of the Supreme Court verdict which has declared as "void ab initio" any appointment as a VC made on the recommendation of the Search Committee, which is constituted contrary to the provisions of the UGC regulation.
"A proper enquiry and thought have to be invested particularly when petitioners have specific cases to their factual scenarios. The argument of the petitioners that the Chancellor cannot issue a show cause notice is also left open and all the remedies of the petitioners to even impugn the same are left open. Every issue, be that the competence and jurisdiction of the Chancellor, is left open," the HC said.
Meanwhile, Governor Arif Mohammad Khan, while speaking to reporters in the evening, said the VCs have been given time till November 3 to respond to the show cause notices. "They have refused to resign. Now formal notices have been issued", he said.
Khan also rejected the allegations of Chief Minister Pinarayi Vijayan that the VCs have been denied natural justice.
"I only suggested an honourable way out. I have not sacked them,” the Governor said in a lengthy press conference convened to give reply to the Chief Minister's allegations against him.
The Governor's directive seeking the vice chancellors' resignation has drawn a sharp reaction from the government with the chief minister accusing him of acting against the Constitution and the essence of democracy.
"It was the Governor who appointed the VCs of these nine universities and if these appointments were made illegally, then the primary responsibility lies with the Governor himself," Vijayan said addressing a press conference in Palakkad.
"There is a violation of natural justice in this intervention in the field of higher education. The unilateral move by the Chancellor was without even hearing the vice chancellors," he said.
