The Supreme Court has deferred its hearing on a plea by Kerala Governor Rajendra Arlekar seeking to remove Chief Minister Pinarayi Vijayan from the panel that recommends Vice Chancellors (VCs) for two state universities. The court has stated that it will wait for the report of Justice Sudhanshu Dhulia, head of the court-constituted search committee, before adjudicating the matter.
Governor’s Plea: Why the Governor Seeks to Modify VC Appointment Panel
The Governor’s application, mentioned by Attorney General R. Venkataramani, argues that the statutes for APJ Abdul Kalam Technological University and Kerala Digital University do not envisage the Chief Minister’s role in selecting VCs. He contends that the August 18 order of the Supreme Court, which gave the CM the power to set the order of preference among shortlisted candidates, conflicts with University Grants Commission (UGC) Regulations that bar persons with executive control over affiliated colleges from being part of such selection panels. The plea references a West Bengal case (State of West Bengal v. Dr. Sanat Kumar Ghosh & Others) in which the Supreme Court modified its earlier order to restore the Governor’s role as Chancellor and limiting the CM’s preference powers. The Governor argues that similar logic should apply in Kerala.
Court’s Response: Why It Chose to Wait for Dhulia Committee Report
The Bench of Justices J. B. Pardiwala and K. V. Viswanathan declined the request for immediate modification, emphasizing that the report of Justice Dhulia is still pending. The court held that it would only decide the issue after reviewing that report to understand how the VC-appointment process should proceed. Attorney General Venkataramani argued that uncertainty over who is the final authority to appoint VCs—Governor or CM—could lead to complications once the recommendations are submitted. The court agreed to await the report to maintain clarity in process.
Legal Implications and Next Steps
- The matter concerns two state universities: APJ Abdul Kalam Technological University and Kerala University of Digital Sciences, Innovation and Technology.
- The August 18 order from the Supreme Court had earlier constituted a search-cum-selection committee headed by Justice Dhulia, empowered the CM to set an order of preference among shortlisted candidates, and allowed some nominations from the state and Chancellor.
- The report from Justice Dhulia’s committee is now awaited before any change is made to the process. After its submission, the Court will examine whether the Chief Minister’s role should be modified or excluded.
