THE SUPREME COURT on Friday said it would appoint the Vice Chancellors (‘VCs;) of two Kerala State Universities — APJ Abdul Kalam Technological University and the University of Digital Sciences, Innovation and Technology — if the Chief Minister Pinarayi Vijayan and the Governor Rajendra Ariekar do not resolve their differences over the recommended candidates.
Observing that it would step in and make the appointments if no consensus is arrived at, Justice J.B. Pardiwala heading a bench also comprising Justice P.B. Varale posted the matter for Thursday remarking “Hope there are some developments.”
Appearing for the Kerala government, Senior Advocate Jaideep Gupta informed the Court that the Chancellor (the Governor) had filed an affidavit explaining his decisions taken by him.
Attorney General R. Venkataramani, representing the Chancellor, submitted that the Justice Sudhanshu Dhulia Committee had recommended two sets of names and the Chancellor picked up two names. “I believe the Chief Minister has some difficulty with these names,” Gupta noted. Justice Sudhanshu Dhulia is a former judge of the Supreme Court.
Gupta said, “The very name the Chief Minister said is not acceptable is the only name acceptable to the Chancellor. I think it is heading for a resolution by this Court.”
Justice Pardiwala observed that the committee had proposed four names for each university and urged both sides to finalise a consensus: “By Tuesday, if you all can work it out, well and good. Otherwise, we will appoint.”
The Attorney General agreed, stating, “I have no difficulty. If the Chancellor finds two names figuring in both the lists, then they are the best candidates to be recommended.”
Justice Pardiwala emphasised the need for evolving consensus stating “You all have to reach some consensus. If you are unable to reach some consensus, then the intervention of the Court is the only option.”
The Attorney General replied, “We will try to avoid that as far as possible.”
The matter will now be heard next Thursday – December 18.
It has been indicated that the Chancellor prefers Dr. Ciza Thomas and Dr. Priya Chandran for appointment as VCs, though the State Government is said to have objected to Dr. Thomas’s name.
Last week, the top Court criticised the Governor for delaying action on the Justice Dhulia Committee report, observing that he was expected to take a timely decision on the recommended candidates.
In August, the Supreme Court had itself constituted the search committee to break the impasse between the Government and the Governor, and directed that appointments should follow the Chief Minister’s order of preference.
The present appeals arise from a Kerala High Court ruling which struck down the Governor’s earlier appointment of temporary VCs without the State Government’s recommendation. The High Court held that a temporary VC may be appointed only with the Government’s approval and for a period not exceeding six months, under Section 13(7) of the Technological University Act.