Reconstitution Of Board Of Studies At Kannur University Prima Facie Not In Accordance With Law: Kerala High Court

The Kerala High Court on Tuesday observed that it is prima facie of the view that the notification issued by the Registrar in-charge appointing a new board of studies at the Kannur University was not in consonance with the statutory provisions.

A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly also issued notice to the Registrar and Board Members on the appeal filed against a Single Bench's order. The Single Judge had dismissed their writ petition challenging the reconstitution of the board of studies.

The appeal was filed by Vijayakumar V and Shino P. Jose, both members of the Academic Council of Management Studies at the University.

Represented by Senior Advocate Geroge Poonthottam and Advocate Nisha George, it was argued that the notification issued on August 11, 2021, reconstituting the board of studies at the university was illegal. 

The appellants further pointed out that many among them were not teachers, even in the broader sense of the term. The members appointed included not only corporate heads but teachers of self-financing colleges too.

Besides, it was argued that the Syndicate was not authorised to appoint members of the Board of Studies. The appellants contended that Chapter XIII of Statute IV of the Kannur University First Statute prescribed that only the Chancellor was empowered to nominate the Chairman and members of the Board of Studies.

They added that only teachers at government and aided colleges could be nominated, and unaided and private college teachers could not be treated as teachers, for there were no procedures in respect of approval of their appointment.

The teachers appointed at self-financing educational institutions, though such institutions are affiliated to the university, were outside the purview of the definition of 'teacher' of the university, the appellants argued.

Advocate I.V. Pramod appeared for the Kannur University while the Chancellor was represented by Senior Advocate K. Jaju Babu and Advocate M.U. Vijayalakshmi.

The Court took the prima facie view that the appellants' case carried merits. The matter has been posted for further hearing on January 17.

Case Title: Vijayakumar V. & Anr. v. Kannur University & Ors.

Citation: 2022 LiveLaw (Ker) 6

Click Here To Read/Download The Order