Supreme Court Refuses To Stay Kerala HC Judgment Setting Aside Appointment Of Dr Riji John As KUFOS VC

The Supreme Court on Monday issued notice on a petition filed by Dr. K Riji John challenging the Kerala High Court's judgment which set aside his appointment as the Vice-Chancellor of Kerala University of Fisheries and Ocean Studies (KUFOS).

A bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli however refused to stay the High Court's judgment and posted the matter for hearing after two weeks.

Although Senior Advocates Jaideep Gupta and KK Venugopal, appearing for Riji John and State of Kerala respectively, pressed for a stay or a status quo order, the bench declined and said it will dispose of the matter itself after two weeks.

"If you succeed, you will be reinstated", CJI Chandrachud said. When Gupta said that the administration of the University will come to a standstill, the CJI said, "Chancellor is bound to make some arrangements for two weeks".

"Then there should be no permanent appointments in the meantime", Gupta urged. Following this, the bench added in the order that."Any action in the meantime will abide by the result of the petition".

Senior Advocate Jaideep Gupta, appearing for Riji John, submitted that the issue related to the dispute between entries in the state list and union list. He argued that fisheries will come under the category of agriculture in entry 14 in list 2. Kerala Fisheries Act comes under entry 14 of the list two and the research and education relating to fisheries will be a state subject. So, in an agricultural university, the UGC regulations have no application. He said that it is an issue which is to be settled and therefore requested for issuing notice and staying the judgment. He added that in the recent judgment relating to Calcutta University, which was followed by the High Court, there was no issue relating to an entry of state list.

Senior Advocate KK Venugopal, appearing for the State of Kerala, submitted that entry 66 of the first list( entry relating to higher education in Union List) will not govern an agricultural university. He added that there are specific entries in the state list which govern the fisheries university. The former Attorney General for India also referred to a judgment which held that agricultural debts will not come under the entry relating to banking and would come under the state list. Venugopal also pressed for a stay of the judgment saying that he is a "highly qualified person".

Senior Advocate George Poonthottam, appearing for the petitioner who filed the petition before the High Court, submitted that search committee has only furnished one name instead of a panel of names and that is a major illegality.

It was on November 14 that a division bench of the High Court invalidated the appointment of Dr Riji John as the KUFOS VC on the ground that it was done in violation of the UGC Regulations 2018. A bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly observed that the UGC Regulations prevail over the Kerala University of Fisheries and Ocean Studies Act, 2010 and the search committee for the VC appointment was constituted in violation of the UGC Regulations.

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