Kerala High Court Upholds Order Quashing Governor's Appointment of Temporary VCs In Two Universities

It noted that the UGC Regulations, 2010 and also the UGC Regulations, 2018 are silent regarding appointment of the Vice-Chancellor temporarily, till a regular appointment is made.

It noted that as per Section 13(7) of the Technological University Act, where the vacancy of Vice-Chancellor arises in any of the circumstances enumerated in clauses (i) to (v), the Chancellor may appoint the Vice-Chancellor of any other University or the Pro-Vice Chancellor of the Technological University or the Secretary to Government, Higher Education Department, recommended by the Government, to be the ViceChancellor for a period of not exceeding six months in the aggregate.

Further Section 11(10) of the Digital University Act states that in the event that a temporary vacancy occurs in the post of Vice-Chancellor due to any unforeseen or casual reason or if the Vice-Chancellor has to be temporarily abstained himself from the said position, the Chancellor may appoint the VC of any other University or the Secretary of Electronics and Information Technology Department, as recommended by the Government, to be the VC for a period of not exceeding six months, in the aggregate. 

It thereafter said

"An order of temporary appointment of the vice-chancellor issued by the chance in the exercise of the powers under Section 13(7) Technological University Act and Section 11(10) of the Digital University Act shall not be for a period exceeding 6 months in aggregate. Under the provisions, the chancellor has no power to issue notifications...dated 27.11.2024 in W.P.(C)No.42527 of 2024 and Ext.P4 notification dated 27.11.2024 in W.P.(C)No.43637 of 2024 appointing a person to exercise the powers and perform the duties of the Vice-Chancellor of the Technological University or the Digital University, until further orders, pending regular appointment of the Vice-Chancellor. In such circumstances, the learned Single Judge cannot be found at fault for declaring the said notifications as not sustainable in law, for the above reason. In such circumstances, we find no reason to interfere with the judgment dated 19.05.2025 of the learned Single Judge. The writ appeals fail, and they are accordingly dismissed". 

The Court further held that the universities and the students are adversely affected because of the existing vacuum in the posts of vice-chancellors in the universities and observed:

"Considering the stalemate existing in the Technological University and Digital University, which is continuing for a considerably long period and which has had an adverse impact on the functioning of the said universities and the students of the universities, we are of the view that chancellor and the state government will have to act proactively to ensure that regular appointment to the post to the vice-chancellor are made without further delay."

Background

One writ appeal has been preferred against May 19 judgment of the Single Judge holding that the appointment of Dr. Ciza Thomas as the Vice Chancellor of Kerala University of Digital Sciences Innovation and Technology was unsustainable. However, noting that the term of the current VC is to expire by 27th May, the Court said that there was no need to dislodge her. Dr. Thomas was appointed on 27th November 2024 by the Chancellor to exercise the powers of the VC for a period of 6 months until a VC is appointed on a regular basis.

The Single Bench had stated that as per Section 11(10) of the Kerala University of Digital Sciences, Innovation and Technology Act, 2021, the appointment has to be made on the basis of a recommendation made by the Government. Therefore, the Court observed that the present appointment cannot be sustained.

The other writ appeal challenges the another May 19 order of the single judge which had held that the appointment of Dr. K. Sivaprasad by the former Governor Arif Mohammed Khan to the post of temporary Vice Chancellor of APJ Abdul Kalam Technological University was "not sustainable in law”.

The high court had in this case said that Chancellor did not follow the procedure mentioned under Section 13(7) of the APJ Abdul Kalam Technological University Act, 2015. As per the provision, the Chancellor has to appoint a temporary VC based on the recommendation of the Government.

The Court however held that since the appointment was made only for a period of six months and the term was set to expire by 27th May, it need not interfere with the appointment at this point. The Court observed that the frequent changes in the person holding the office may not be conducive to the University and its students.

In another proceedings, the Court had directed the state government to release within two weeks all pensionary benefits due to Dr. Ciza Thomas, who retired as Principal of Government Engineering College on March 31, 2023.

Case No: WA 1165/ 2025 and connected cases

Case Title: The Chancellor, Kerala University of Digital Sciences Innovation and Technology v. State of Kerala

Citation: 2025 LiveLaw (Ker) 416