Kerala Governor Arif Mohammad Khan, who is the Chancellor of the Kannur University, has informed the Kerala High Court that the constitution of the new Board of Studies was against the statute. "In the past, the Chancellor had reconstituted the Boards of Studies on receipt of proposals from the Vice-Chancellor, including the present incumbent VC. The exercise was carried out under the provision of law," stated the Governor.
The statement was filed in response to an appeal filed by Vijayakumar V, Member, Senate and Shino P Jose, Member, Academic Council, Kannur University challenging a Single Judge's order dismissing the plea against the reconstitution of the Board of Studies for a period of two years. The petitioners argued that the reconstitution of the Board of Studies by the Vice-Chancellor is ex-facie illegal and liable to be set aside as the power has been conferred on the Chancellor.
In the statement, the Governor pointed out that the Chairman and members of the Board of Studies should be nominated by the Chancellor and the minimum and the maximum number of its members is also prescribed by the statute. However, the power to appoint the members to the board of studies is vested with the Syndicate. "Therefore a harmonious reading of Section 30 (2) of the Kannur University Act read with Statutes 1 to 5 of Chapter XIII of the First Statutes and Section 25 (xvi) provides for the chairman and members of the board of studies in conformity with the number prescribed in the Statute shall be nominated by the Chancellor and the power of appointment of the members' vests in the Syndicate," said the statement.