Setback for Kerala Govt; Supreme Court quashes re-appointment of Kannur University vice chancellor
The ruling, delivered by a bench led by Chief Justice DY Chandrachud, emphasized that the state's involvement in the appointment process was illegal. The court clarified that while re-appointments are permissible, they must adhere to statutory provisions and eligibility criteria
FollowIn a significant setback for the Kerala government, the Supreme Court has annulled the reappointment of Dr Gopinath Raveendran as the Vice Chancellor of Kannur University. The ruling, delivered by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, emphasized that the appointment process was tainted by unwarranted interference from the Kerala government.
Justice JB Pardiwala, in his judgment, clarified that while re-appointments in a tenure post are permissible, the age limit of 65 years does not automatically apply. The court underscored that the re-appointment procedure need not mirror that of a fresh appointment, citing press reports as evidence. However, the judgment emphasized the legal principle that a writ of quo warranto applies when an appointment violates statutory provisions.
Highlighting the interference by the state government, Justice Pardiwala asserted, "Although the notification of appointment was issued by the chancellor, it was vitiated by unwarranted interference by the state government. It is only the chancellor who can appoint, and not even the pro-chancellor can intervene. If any statutory authority interferes, then it would be patently illegal." The court's decision nullifies the November 2021 re-appointment notification for the VC position at Kannur University.
The legal challenge was initiated by Kannur University senate member Dr. Premachandran Keezhoth and academic council member Shino P Jose. During the proceedings, the court questioned the state government on the re-appointment of a person over 60 years, which contravened the university's rules. The government argued that age restrictions did not apply to re-appointments, but Chief Justice D.Y. Chandrachud stressed that such re-appointments must adhere to the eligibility criteria outlined in the relevant Act.
Governor Arif Mohammed Khan, who serves as the chancellor, vehemently opposed the re-appointment in the Supreme Court.
subscribe to Asianet Newsable WhatsApp channel by clicking here.
