LI Network
Published on: December 1, 2023 at 12:40 IST
The Supreme Court, in the case of Dr. Premachandran Keezhoth and anr vs The Chancellor Kannur University and anr, declared that the Kerala Governor, serving as the ex-officio Chancellor of Kannur University, is not bound by the advice of the Kerala government’s Council of Ministers in appointing Vice-Chancellors.
The Court, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, emphasized that, as per the provisions of the Kannur University Act of 1996, the Chancellor holds the exclusive authority for Vice-Chancellor appointments and is not merely a head.
The Court ruled that the Chancellor’s opinion is final in the selection and reappointment of the Vice-Chancellor, with the primary consideration being the university’s interest.
The decision came in connection with the annulment of the reappointment of Dr. Gopinath Raveendran as the Vice Chancellor of Kannur University, a move that had stirred political controversy since its announcement in 2021.
While upholding that the age limit of 60 years applied only to fresh appointments, the Supreme Court set aside Dr. Raveendran’s reappointment due to excessive interference by the State government.
The Court underscored the Governor’s distinct role under the Kannur University Act, emphasizing that, unlike other constitutional functions, the Governor, as Chancellor, acts “only in his personal capacity,” and is not obliged to follow the advice of Ministers.
Expressing disapproval of the Governor’s apparent failure to apply independent judgment in Dr. Raveendran’s reappointment, the Court denounced any extra-constitutional interference in the exercise of statutory discretion.
The Court also noted perplexity over the Governor citing University Grants Commission (UGC) norms, asserting that such norms were irrelevant to the Governor’s independent decision-making under the Kannur University Act.
In conclusion, the Supreme Court clarified the Governor’s unbound authority in Vice-Chancellor appointments at Kannur University, emphasizing the need for the Chancellor to act in accordance with statutory duties and independent judgment.
