Governor P. Sathasivam's recent observation that the High Court’s ‘stay’ on appointment of Vice Chancellors (VCs) of universities has turned the spotlight on the uncertainty over the norms to be complied with for the appointment of the heads of the universities in the State.
The Governor in his speech at the valedictory function of the first Kerala Ministry’s Diamond Jubilee on April 26 had observed that it was not desirable for the High Court to grant stay on appointment of VCs, when the committee headed by the Higher Education Secretary started the process.
He reportedly said that “some persons went to the court and got it stayed”. The Governor’s observation is viewed as indicative of the confusion over whether the appointment process should be in compliance with the University Grants Commission (UGC) Regulations in 2010 or the Acts and Statutes of the universities concerned.
Petitioner’s argument
“There is no stay granted by the High Court on the appointment of the VCs,” said K.P. Sudheer Chandran who had gone to the court for getting UGC Regulations implemented. He said that the court in its order dated February 14 ordered that no appointment to the posts of VCs and Pro Vice Chancellors should be made in contravention of the regulations. Mr. Chandran, a retired employee of Kannur University, said on Friday that he would send a representation to the Governor explaining that the High Court’s order on his writ petition was only a directive that the UGC regulations be complied with.
Referring to the Governor's remark during the speech that if the High Court had issued any directive the government should have complied with it, Mr. Chandran said that the High Court order dated February 23, 2016 had specifically stated that appointments made in contravention of the UGC Regulations are illegal.
The court order stated that irrespective of whether the university Act concerned or the statutes framed subsequently are amended in line with the UGC Regulations, universities and affiliated colleges in the State are bound to comply with the UGC norms, he said adding that the State had adopted the UGC Regulations with effect from September 18, 2010.
Regulations
As per the regulations, the VC to be appointed should be a distinguished academician, with minimum of 10 years 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 prescribes qualification for appointment to the VC’s post. The regulations also specify that members of the search committee should be persons of eminence in the sphere of higher education and shall not be connected in any manner with the university concerned.
