'Students Shouldn't Suffer' : Supreme Court Urges Kerala Govt, Governor To Harmoniously Resolve Regular VC Appointments In 2 Universities

The Supreme Court on Wednesday (July 30) called on the Kerala Governor and the state government to harmoniously work towards the appointment of Vice-Chancellors to two universities [APJ Abdul Kalam Technological University and Kerala University of Digital Sciences, Innovation and Technology], without indulging in politics and keeping in mind the interest of students.

The Court observed that it expected the Chancellor also to extend cooperation and consider the recommendations from the state government.

The Court also clarified that until regular VC appointments are completed, it would be open for the Kerala Governor (ex-officio Chancellor) to issue notifications for continuing the present temporary VCs on their posts, or to appoint any new person to occupy the offices on a temporary basis.

"We impressed upon ld. Attorney General that first step now should be to initiate steps for appointment of regular VCs in both universities. This may take some time. However, in the meanwhile, it is open for the Chancellor to issue a notification appointing a person, or allowing person already appointed, to occupy office of Vice Chancellor. We are informed that for the purpose of regular VC appointment, exercise had already commenced. However, there has been a challenge to constitution of Search Committee...interim order has been passed by High Court...all we can request today is for the state to work out some mechanism in harmony with the Chancellor for appointment of VC in both universities", said the Court.

A bench of Justice JB Pardiwala and Justice R Mahadevan was dealing with a Special Leave Petition filed by the Kerala Governor, in his capacity as the Chancellor of the APJ Abdul Kalam Technological University, challenging the Kerala High Court's judgment, which quashed the Chancellor's appointment of temporary Vice Chancellor of the University without the State Government's recommendation.

After hearing the stance of both sides, the Court called on the state government and the Governor to cooperate with each other and underlined that it's not a question of who shall exercise power.

"We expect Chancellor also to extend cooperation and consider whatever falls from state govt. Ultimately, it's not a matter as to who would exercise powers. It's to do with education of students. Why should students suffer in this type of litigations? While keeping the matter pending, we request ld. AG and ld. senior counsel appearing for state to work out the necessary mechanism for the appointment of a regular VC at the earliest. It shall be open for Chancellor to issue fresh notification for continuing with present VCs in accordance with provisions of the 2 enactments till a regular VC in both universities is appointed. Let the process start at the earliest", said the Court.

Insofar as the issue of interpretation of Section 13(7) of the APJ Abdul Kalam Technological University Act, as well as Section 11(10) of Digital University Act, the Court noted that the provisions were pari materia and prescribed maximum period of 6 months. As such, there was "no need for further debate".

Attorney General for India R Venkataramani, appearing for the Chancellor, submitted that the question of temporary VCs and whether the Government can have any say in their appointments is a "recurring problem".

Justice Pardiwala then pointed out that the temporary VC's term cannot exceed six months in any case (which was stated to have expired in the present case).

Responding to the bench's query, the AG said that the temporary VC was appointed on November 27, 2024 and the term expired on May 27, 2025. He clarified that he was not on the question of the term but on the issue whether the State's nod was required for the appointment process.

As per the Governor, he has power under the UGC Regulations to appoint temporary VCs without the State Government's nod. The provisions of the State University laws, which prescribe the need for the Government's recommendation, are overridden by the UGC regulations, he contends.

In this backdrop, the AG submitted that the appointment of full-time VC was stalled due to disagreements between the Governor and the State, and this necessitated the appointment of a temporary VC. On specific Court query, it was also mentioned that process for appointment of regular VCs was initiated, but the constitution of the Search Committee was challenged by the state government before the High Court, which passed an interim order in its favor. Unless the interim order is vacated, the process cannot proceed, the AG said. 

Senior Advocate Jaideep Gupta, for the State Government, informed the bench that the single bench has also given directions to appoint permanent VC. He pointed out that the earlier appointment of a temporary VC was also set aside by the High Court on the very same ground. On the passing of an interim order by the High Court, he said he did not have instructions.

At this juncture, Justice Pardiwala told the AG, "There cannot be a stalemate. There has to be normalcy between the Chancellor and the State Government. Otherwise, the students will be the sufferers. First question is, whether any step has been taken for the appointment of a permanent VC in consultation with the State Government. Today, there is nobody as a Vice Chancellor. If a regular Vice Chancellor is appointed, that is the end of the matter."

"Look at the problems we have..."said the AG. "We know the problem. Everyone knows the problem," Justice Pardiwala replied. "See to it, first thing, they should start with the process for regular Vice Chancellor in accordance with the UGC regulations", the judge ultimately conveyed to Gupta.

Before parting with the matter, Justice Pardiwala impressed upon the parties to resolve the issue for students' sake. "All that is important is - appoint the right person. Mr Gupta, you have a crucial role. Mr Attorney and you can sort out. We are only concerned with students", said the judge.

To recap, the High Court held in the impugned order that the Governor (Chancellor) can appoint a temporary VC only with the recommendation of the State Government for a period not exceeding six months.

In November 2024, the Chancellor appointed Dr. K. Sivaprasad and Dr. Ciza Thomas as temporary Vice Chancellors of APJ Abdul Kalam Technological University (KTU) and Kerala University of Digital Sciences Innovation and Technology respectively. These appointments were quashed by a single bench of the High Court on May 19. On July 14, a division bench of the High Court upheld the single bench's decision.

The High Court 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.

Case Title : The Chancellor, APJ Abdul Kalam Technological University v. State of Kerala & Ors., Diary No. 40761/2025