Kerala High Court Issues Notice On KTU Vice-Chancellor's Plea Seeking Direction To Resolve Administrative Stalemate

The Kerala High Court on Tuesday (August 12) issued notice on a plea by APJ Abdul Kalam Technological University's (KTU) Vice-Chancellor Dr. K. Sivaprasad seeking court's interference to resolve alleged administrative stalemate.

The matter was listed before a different bench, after recusal of Justice N. Nagaresh on Monday (August 11). 

When the matter came up for consideration, the petitioner's counsel urged that the quorum for the Syndicate meeting is not being satisfied due to the wilful absence of respondents 2 to 4, namely, the Secretary to Government, Department of Finance, Secretary to Government, Department of Higher Education, Director of Technical Education.

The quorum for the meeting is 5 members and so far, meetings could not be convened since the said respondents were not attending. This has led to the budget meeting being kept in abeyance, resulting in a disruption in the payment of salaries and pensions to the university employees and other issues that are not in the interest of the university and its students. Therefore, the plea sought that these persons be directed to attend the 66th Syndicate meeting of the University, scheduled to be held tomorrow (August 13).

During the hearing Justice C.S. Dias orally asked the counsel whether there was any regulation mandating these persons to attend Syndicate meetings who responded by stating that there is no specific regulation in this regard.

The Court orally said to the counsel, "It is a duty. There is no statutory duty. Being elected, they have to attend, that's what you said."

It was also submitted that these persons have a duty as public authority and they are in the Syndicate by virtue of their office. In the plea, it was stated that these persons are abstaining from attending the Syndicate meeting, due to political reasons.

Moreover, there are vacancies in the post of government nominees in the Syndicate. These, according to the petitioner, were not being filled by the present government and the same was a conscious act to cause administrative stalemate in the University.

Meanwhile Advocate General representing the State also appeared before the Court. It was contended that the appointment of the present vice-chancellor was not in accordance with the Supreme Court order as he was appointed without consulting with the government. Therefore, the notice issued by the vice-chancellor calling for the meeting is not valid.

After hearing both the parties, the Court admitted the petition and directed that the University be impleaded as an additional respondent. It also asked the respondents to filed their respective counter-affidavits.

The case is posted on August 19 for further consideration.

Background

On May 19, a Single Bench of the High Court 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”. This was challenged before the Division Bench, which upheld the Single Bench's decision.

Subsequently, a Special Leave Petition was filed before the Supreme Court, challenging the decision of the Division Bench. The Apex Court permitted the Chancellor of the University to appoint any person, including the person who was appointed earlier, as the Vice-Chancellor for a period of six (06) months. Thus, the Chancellor appointed Dr. Sivaprasad as the Vice-Chancellor for 6 months vide order dated 01.08.2025.

The petition is moved by Advocates Nisha George, A.L. Navaneeth Krishnan, Kavya Varma M.M. Senior Counsel George Poonthottam is appearing for the petitioner.

Case No: WP(C) 29777/2025

Case Title: Dr. Sivaprasad v. State of Kerala and Ors.