Kerala High Court Extends Time For VCs To File Objections To Chancellor's Show Cause Notices

Navya Benny

3 Nov 2022 11:57 AM GMT

  • Kerala High Court Extends Time For VCs To File Objections To Chancellors Show Cause Notices

    The Kerala High Court on Thursday extended the time till November 7 for the Vice Chancellors of various state Universities to respond to the show cause notices issued to them by the Governor for their removal. Justice Devan Ramachandran was informed by advocates appearing on behalf of the Vice Chancellors that they were inclined to file objections before the Chancellor against the impugned...

    The Kerala High Court on Thursday extended the time till November 7 for the Vice Chancellors of various state Universities to respond to the show cause notices issued to them by the Governor for their removal.

    Justice Devan Ramachandran was informed by advocates appearing on behalf of the Vice Chancellors that they were inclined to file objections before the Chancellor against the impugned show cause notices.

    However, the counsel added that they are apprehensive that such an act may be construed to mean that they had given up their contentions before the court against the validity of the show cause notices.

    In view of the said submission, the court was of the view that the Vice Chancellors be granted time to file their objections. Accordingly, the court said:

    "Needless to say, any such objections will be without prejudice to the various contentions raised in these writ petitions against the impugned show cause notices."

    The court also added that the Vice Chancellors will be at liberty to simultaneously ask for a personal hearing either in the said objections or through a supplementary request.

    During the hearing, Senior Advocates P. Raveendran and Ranjith Thampan as well as the other counsel asked the court as to whether the Vice Chancellors could be given an opportunity to file explanations against the impugned show cause notices as it was unlikely that the court will decide the case today itself.

    The counsel also said that the Vice Chancellors had received another communication from the Chancellor's office saying that they have been given time till November 7 to seek a personal hearing.

    Standing counsel Jaju Babu informed the court that the Chancellor had fixed the deadline to 5 PM on November 3 and 4 regarding explanations to the show cause notices, while each one of them had been given time till November 7 for seeking a personal hearing.

    During the hearing, the counsel representing the VCs also argued the issuance of the show cause notices was against the provisions of the relevant Statute and Rules.

    The court questioned the argument, saying: "I am asking, there was a sequence if actions before an appointment happens finally. What if there was a fraud during any of these processes?...When there's any error in system, are you saying that the Chancellor should turn a blind eye to it and allow it to perpetuate?"

    Meanwhile, the Standing Counsel Babu sought time to file counter pleadings in the matter. The Court noted that although it had started hearing the matter on merits, it became impossible to continue on account of the request made by the counsel.

    On October 31, the vice chancellors of various state universities approached high court challenging the show-cause notices issued to them by state Governor Arif Mohammed Khan asking them to explain how they can continue on their posts after Supreme Court recently quashed the appointment of APJ Abdul Kalam Technological University's VC for being contrary to University Grants Commission (UGC) norms.

    The VCs have argued that the notice issued by the Chancellor was without authority or jurisdiction. 

    The Court has posted the case for further hearing on November 8.

    Case Title: Dr. Gopinath Ravindran v. Chancellor, Kannur University & Ors. and other connected cases

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