Governor P. Sathasivam’s reported statement during his speech at the valedictory function of the first Kerala Ministry's Diamond Jubilee on April 26 that the High Court stay on appointment of Vice Chancellors (VC) of universities has turned the spotlight on the uncertainty on the procedure of appointment to the posts of VCs in three universities, including Kannur University.
The uncertainty is due to the confusion of criterion to be complied with for the appointment of VCs. The authorities are yet to decide on whether they should comply with the University Grants Commission's (UGC) 2010 regulations and the 2016 High Court judgment which had ordered that the UGC regulations were mandatory for appointing teachers and other academic staff in colleges and universities, or the Acts and Statutes of the universities concerned, sources said.
As per the UGC regulations, the VC to be appointed should be a distinguished academician, with minimum 10 years of experience as Professor in a university system or 10 years of experience in an equivalent position in a reputed research and/or academic administrative organisation. It also prescribed the qualifications for appointment to the VC's post.
The UGC regulations also specified that members of the search committee should be persons of eminence in the sphere of higher education and should not be connected in any manner with the university concerned. The sources pointed out that in the case of Kannur University, this provision had not been complied with.
As the UGC regulations prescribing qualification for appointment of VCs had been implemented by the State government in 2010 and subsequently by Kannur University, the university authorities and the government would be constrained to take any action in contravention of the 2016 High Court judgment.
The government order, No. 392/2010 dated 10 December 2010, stated that the government would initiate steps to amend the Acts of the university, if required, to implement the regulations.
As per the 2010 regulations, the Pro Vice Chancellor (PVC) should be appointed by the executive council (Syndicate) on the recommendation of the Vice Chancellor. Moreover, the PVC should hold office for a period which is co-terminus with that of the VC. If this provision applies, the Kannur University PVC's tenure is co-terminus with the tenure of M.K. Abdul Khader who completed his tenure a few weeks ago.
There is also a view that the Acts concerning formation of the universities being enactments of legislation, they should be above the UGC regulation. This view is backed by political circles associated with ruling parties that were supposed to have a stake in appointment of the VCs.
