Written by Suchitra Kalyan Mohanty for The New Indian Express
NEW DELHI: The Supreme Court on Friday, in its order, indicated that it would intervene in resolving the ongoing impasse over the selection of vice chancellors for two technical universities in Kerala if CM Pinarayi Vijayan and Governor-cum-chancellor do not reach a consensus.
The universities in trouble are APJ Abdul Kalam Technological University and the University of Digital Sciences, Innovation and Technology.
Amidst the ongoing tussle between the Kerala government and the state Governor, Arlekar, the latter had on September 2 this year moved the Supreme Court seeking the exclusion of Chief Minister Pinarayi Vijayan from the selection process of Vice Chancellors for these two Universities.
During the course of the hearing on Friday, a two-judge Bench of the apex court, headed by Justice JB Pardiwala and Justice KV Viswanathan, asked whether progress could be made by Tuesday (December 9), after noting that the Court-appointed committee had originally recommended four names each.
Justice Pardiwala clearly said that "If you (State government and Governor) work it out, then it is fine, and if not, we will step in and appoint."
As the Attorney General (AG) R Venkataramani, top law officer appearing for the Governor, submitted to the court about the Chief Minister’s position, Justice Pardiwala pointed out the need for consensus, adding that the “most meritorious” candidates must be appointed.
The Bench eventually, after asking both parties to settle, posted the matter for further hearing on Thursday (December 11), and added that the matter would be taken up at the top of the board as a priority one.
The Governor in the petition filed in the top court said neither of the universities envisioned any role for the chief minister in the selection process of Vice-Chancellors.
Karlekar pointed out in his petition that the university enactments -- the A P J Abdul Kalam Technological University Act and the Kerala Digital University Act -- had no provision for having the minister for higher education or the state government as a part of the selection process for recommendation for appointment of VCs.
"Therefore, in the humble submission of the application, the role of CM for selection of VCs as mentioned in the order dated August 18, may be modified by this court,” the plea of Karlelar added.
Earlier, on August 18, the Supreme Court, in its order, appointed Justice Sudhanshu Dhulia (Retired SC judge) as the Chairperson of the Search-cum-Selection Committee to shortlist names of regular Vice-Chancellor appointments in two State Universities and said the CM had a role in their selection.
The Bench of the top court had earlier, in one of the hearings, said it was only concerned that “students should not suffer,” and added that it was hopeful that by appointing Justice Dhulia as Chairperson, the impasse would continue to end.
It had also said that, if the State of Kerala and the Governor, in his capacity as Chancellor, failed to reach a consensus on the selection process, then this court would pass an order in this regard.
The plea of Karlekar contended the chief minister’s involvement would violate the principle against “a person judging his own cause,” a norm embedded in the University Grants Commission (UGC) Regulations.
“The Chief Minister, being the Executive Head of the State, is connected with the number of government colleges, managed by the government and affiliated to the university. Therefore, as per UGC Regulations, he cannot have any role whatsoever in the appointment of Vice Chancellors,” the application said.
The Governor said the panel of names of selected candidates shall be submitted by the search-cum-selection committee to the Chancellor, with the names arranged in alphabetical order, and the prerogative to select the Vice Chancellor will be with the Chancellor.
“The Court may direct the inclusion of a nominee of the chairman of the UGC as a member in the search-cum-selection committee for the selection of the Vice Chancellor, which has been constituted by Justice Sudhanshu Dhulia…,” it added.
