'Happy Ending To This Saga' : Supreme Court Appreciates Consensus Between Kerala CM & Governor On University VC Appointments

The Supreme Court on Thursday (December 18) expressed satisfaction that the Kerala Chief Minister and the Governor reached a consensus on the appointments of regular Vice Chancellors of the two prominent State universities.Since the appointments had been stalled for months due to the disagreement between the State and the Governor, the Court had constituted a committee lead by Justice (retired) Sudhanshu Dhulia to resolve the deadlock. Since there was no resolution even after Justice Dhulia committee's intervention, the Court had last week indicated that it will make the appointments. After the Court gave that signal, the authorities agreed on the names few days ago, ahead of today's hearing.Today(December 18), the bench comprising Justice JB Pardiwala and Justice KV Viswanathan was informed that the Kerala Governor and State Government have reached a consensus. Dr Saji Gopinathan was appointed as the Vice Chancellor of the Kerala APJ Abdul Kalam Technological University, and Dr Ciza Thomas was appointed as the Vice Chancellor of the University of Digital Sciences, Innovation, and Technology.At the outset, Attorney General R Venkataramani(for Kerala Governor) informed that the matter has been finally resolved and the decision has been communicated to Justice Dhulia. However, Senior Advocate Jaideep Gupta(for State Government) objected that the appointments should not have been notified when the matter was pending. On this, Justice Pardiwala said: "Let's put an end to this. The appointments have been made." The Court expressed that its own concern was that the university should not be without the regular vice chancellors, as the rights of students were at stake.It ordered: "Our just order dated 11 December reads thus... After our last order referred to above, there have been some positive developments. This case illustrates how a timely and decisive intervention by this Court can go in long way in protecting the rights of citizens. Two prominent universities in Kerala, dealing with cutting-edge subjects, were rudderless. They had no permanent Vice Chancellors heading them. The only reason was that a consensus was eluding the governor and the state government. When the doors of this court were knocked, we were deeply concerned about the plight of students, their parents, teaching and non-teaching staff including affiliated bodies. In short, our concern was for all the stakeholders. They were unfortunately caught in the crossfire.Following the model adopted by this Court in a similar case which arose from the State of West Bengal, we appointed former Justice Dhulia, former judge of this Court, to be the Chairperson of the Search and Select Committee and entrusted him with the task of recommending a panel of at least three names for Vice Chancellor in two universities. Today, we are happy to record that the chancellor and government, in one voice, reported that the appointment of the VC in the two universities have been made from the list empanelled. We place on record our gratitude to the good office of Justice Sudhanshu Dhulia. Our endeavour was to ensure that institutions have a permanent head, which alone would ensure that the interests of all stakeholders are safeguarded. We place our appreciation to the authorities who are parties in the matter and who, in the true spirit of the Constitution, especially Article 144, have acted in aid of the orders of this Court. By promulgating the orders of appointments, curtains have been gracefully brought down by the authorities and we also appreciate the learned attorney general R Venkataramani and also Mr Jaideep Gupta, learned senior counsel and to the entire team assisting for bringing around a very happy ending to this saga. Questions of law are kept open." After the order was dictated, the Attorney General informed that it was the Kerala Governor who invited the Chief Minister, and then they were able to reach a consensus. "Governor thought he himself will call the Chief Minister."Responding to this, Justice Pardiwala said: "I hope they keep talking like this, over a mug of coffee, for the larger interest of people."Gupta also placed appreciation of the Court's timely intervention without which a consensus would not have been reached. What happened so far?Last week also, the Court had remarked that if the Kerala State Government and the Kerala Governor are unable to reach a consensus regarding the appointment of the Vice Chancellors of two State Universities, then the Court will make the appointment.The Chancellor has preferred the appointment of Dr.Ciza Thomas and Dr. Priya Chandran as Vice Chancellors of APJ Abdul Kalam Technological University and University of Digital Sciences Innovation and Technology in the State, respectively. The State Government has objected to the name of Dr. Thomas.Earlier, the bench had criticised the Governor for delaying action on the report submitted by the Justice(retired) Sudhanshu Dhulia regarding the appointments of Vice...

'Happy Ending To This Saga' : Supreme Court Appreciates Consensus Between Kerala CM & Governor On University VC Appointments

Gursimran Kaur Bakshi

"I hope they keep talking like this, over a mug of coffee, for the larger interest of people," Justice Pardiwala commented.

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