On Monday, the divisional bench of the High Court in Kerala confirmed the only bench order of May 19, called “unsustainable by the law” of the appointment of K. Sivaprasad and foreign Thomas as temporary Vice -President of APJ Abdul Kalam Technological University and Keral University of Digital Sciences, innovations and technology.
Monday’s order was admitted to the division bench, including the justice of Anil K. Narendran and the PV Balakrishnan, rejecting the appeal filed by Governor Rajendra Vishwanath Alelekar, who is also the Chancellor of both universities.
While Mr Sivaprasad previously worked as a professor, the Department of Ship Technology, Cochin University of Science and Technology, Mrs. Thomas retired as head of the Community Director of Directorate for Technical Education.
The division’s bench stated in its judgment that the order of the temporary appointment of Vice -President Chancellor, issued by the Chancellor in the exercise of powers pursuant to Section 13 (7) of the Technology University Act or Section 11 (10) of the Digital University Act, is in summary.
Therefore, the Chancellor has no power to issue a notification that applies a person who performs powers and performs the obligations of the vice -chairman of both universities, until other commands until the regular appointment of the Vice -President. In such circumstances, the only judge is not found to blame for announcing the notification as unsustainable by law, the bench added.
The bench recalled that the Chancellor and the state government should act actively to ensure that without any delay, regular appointment will ensure the place of the vice -rector at universities. This was, after considering the stalemate situation, managed by both universities, which continued for a considerable period and which damaged their functioning and also the interest of the student community, she said.
The General advocate K. GoPalakrishn Kurup said that the Chancellor could not appoint any person to exercise powers and to exercise duties by vice -chairman of the universities if the government recommended.
Referring to SECTION 13 (7) of the technological university Act, WHERE The Vacancy of Vice-Chancellor Arises in Any of the Circumstance Enumerated in Clauses (I), The Chancellor May Appoint the Vice-Chancecellor of Any Other University The Technological University or the Secretary to Government, Higher Education Department, As Recommended By the Government, to Be the Vice-Chancellor for and Period Not Exceeding Six Months in the Aggregate.
Similarly, according to Section 11 (10) of the Digital University Act, if a temporary vacancy has been in the position of vice -chairman for any unforeseen reason, the Chancellor may be appointed vice -chairman of any other university or secretary of the electronics and information technology department, as recommended to be recommended by the government. recognized and that the court that is followed.
A court that quoted the observation of the Supreme Court and how universities should function in an autonomous way. VC acts as a bridge between the executive and academic wings of the university. According to standards, VC must be an important academic and an excellent administrator, as well as someone who has a high moral figure, said.
Published – 14 July 2025 20:57 IS IS
