Kerala High Court Initiates Suo Motu PIL To Inquire If Ex-CM VS Achuthanandan's Son Got IHRD's Directorship Due To Political Influence

The Kerala High Court on Friday (27th June) directed the Registry to register a suo motu case to look into whether Dr. V. A. Arun Kumar, who is the current Director of Institute of Human Resource Development (IHRD) got into the position due to his political connection. Dr. VA Arun Kumar is the son of former Chief Minister V. S. Achuthanandan. For context, Institute of Human Resources Development (IHRD) is an autonomous educational institution established by Kerala Government in 1987 registered under The Travancore – Cochin Literary, Scientific and Charitable societies registrations Act. It oversees 87 institutions under it, including various engineering colleges affiliated to the APJ Abdul Kalam Technological University. Justice D. K. Singh enquired whether Dr. Arun Kumar has the qualification to be a Director when it was alleged that he was appointed as a clerk of the institution and has not taught a single day. The Court said that the post of Director of IHRD is equivalent to the post of Vice Chancellor of a University. The Court wondered how a person with no teaching experience can be appointed as a Director when as per UGC Regulations, a VC should have 7 years teaching experience.Expressing displeasure with the Institute's Director-in-charge in not allowing the petitioner–Dr. Vinu Thomas the Dean of APJ Abdul Kalam Technological University to even access the relevant documents of the audit report the court said:“This attitude of the in-Charge Director for not even allowing the petitioner to take digital copy of the relevant pages of the Audit Report appears to be nothing but a vindictiveness of the Director who is said to be not qualified to hold the post inasmuch as he was appointed as a Clerk in the Institution and who has not taught a single day...This Court finds it strange that a 'clerk' got 'promotion because of his political influence and now he is holding the charge of such a prestigious institution (IHRD) as Director. Whether the present Director-in-Charge is entitled to hold the post of Director of IHRD is to be looked into by the learned Division Bench which is dealing with the Public Interest Litigation.The Court added that the suo moto registered PIL will examine the qualification of present Director-in-Charge to hold the post and whether he can be allowed to continue in the post due to his political connections.“The Registry is therefore directed to register suo motu PIL in Dr. Vinu Thomas v Dr. V. A. Arun Kumar, the Director in Charge of IHRD and place the matter before the Division Bench for decision of the said issue whether the present Director in Charge of IHRD should be allowed to usurp the post of Director of IHRD because of his political influence as he is said to be the son of the erstwhile Chief Minister of the State.”The court observed that whether the present Director-in-Charge is entitled to hold the post of Director of IHRD or he has usurped the post of the Director of IHRD is to be looked into by the Division Bench which is dealing with the Public Interest Litigation (PIL). "Therefore, while directing the respondents to allow the petitioner to take the digital copy of the relevant pages, suo motu case is registered for examining the qualifications of the present Director-in-Charge of IHRD to hold the post Additional Director/Director in Charge of the IHRD," it added. The Court gave this order while deciding a writ petition filed by Dr. Vinu Thomas, the Dean (Academic) and in-charge Dean (Research) of the APJ Abdul Kalam Technological University. IHRD issued a charge memo against Dr. Vinu Thomas alleging financial misappropriation during his tenure as the Principal (in-charge) of the Model Engineering College, Ernakulam. Dr. Vinu approached the High Court saying that he was denied from taking digital copies of relevant pages relied on in the Statement of Allegation. As per him, those pages were necessary for him to prepare his reply.The Institute defended this action relying on a Division Bench judgment which set aside a Single Judge decision directing the institute to provide Dr. Vinu copies of the relevant documents. The petitioner contended that the Single Judge had only stated that the petitioner is not entitled to demand the documents but has not prohibited from taking the copies. The High Court allowed the petition and directed the institution to allow the petitioner to take digital copies of the relevant documents."The conduct of the respondents not allowing the petitioner to take digital copy of the relied on documents which are relevant for preparing the defence of the petitioner is totally against the law and in violation of the principles of natural justice. Unless and until the incriminating material is put to the delinquent employee, it would not be possible for the delinquent employee to prepare his defence/response to the charges," it said disposing of the plea. Dr. Vinu Thomas had earlier approached the High Court to remove Dr. Arun Kumar from the post of...

Kerala High Court Initiates Suo Motu PIL To Inquire If Ex-CM VS Achuthanandan's Son Got IHRD's Directorship Due To Political Influence

Manju Elsa Isac

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