Kerala: High Court quashes Governor Arif Mohammad Khan's nominations to Kerala University Senate

The Kerala High Court has invalidated the nominations made by the Governor for Kerala University senate positions. The High Court's intervention followed complaints from students, leading to a halt in the appointment process.  

Kochi: The Kerala High Court on Tuesday (May 21) annulled four nominations made by Governor Arif Mohammed Khan, acting in his capacity as the Chancellor of universities, to the Senate of Kerala University. Justice Muhammed Nias C.P. directed the Chancellor to make fresh nominations within six weeks, taking into account the petitioners' claims.

The court stated that the Chancellor does not possess unbridled power when making nominations, as they must comply with statutory provisions. In the order, the High Court pointed out that those appointed by the Chancellor do not have the qualifications as per the University Act. The four appointees by the Governor have not performed well. The court order also said that all four are not eligible than those on the university's list.

The court issued the order in response to a petition filed by Arunima Ashok and another student challenging the nominations of Abhishek D. Nair, a third-semester BA history student at BTM NSS College, Thiruvananthapuram, and Dhruvin S. L., a fifth-semester BCA student at Christ Nagar College, Thiruvananthapuram. The petitioners argued that Abhishek D. Nair, being only a third-semester student, was not eligible for nomination.

To establish that he is an outstanding student in humanities, Abhishek D. Nair should have demonstrated his academic merit in humanities courses at the university level, which can only be assessed upon the completion of his course with outstanding results. Only then could he be recognized as a student of humanities with exceptional ability. Similarly, Dhruvin S. L. is only a fifth-semester student pursuing a BCA course.

The court also quashed the Chancellor's order nominating Malavika Udayan, a fifth-semester biochemistry student at NSS College, Pandalam, and B.A. Sudhi Sadan, a fifth-semester BSc biochemistry student at the same college, is under the category of students with outstanding ability in fine arts and sports, respectively.

The list of eight students provided by the university was entirely rejected, and the governor recommended four individuals with backgrounds in BJP's student organization, ABVP. This prompted some students to approach the High Court. The High Court, which halted the appointment process, issued a severe criticism of the governor's actions.