The High Court on Wednesday flayed the Kerala University Senate for passing a resolution requesting the Chancellor to withdraw the notification issued by him, constituting the selection committee for appointing a Vice Chancellor for the university.
Justice Devan Ramachandran orally observed that the Senate cannot pass such a resolution and expect the Chancellor to respond to the request when the Senate knew well that the Chancellor was not obligated to act on such a request. In fact, such kind of a resolution was unheard of.
The court made the oral observations when the petitions challenging the action of the Chancellor in withdrawing the 15 nominated members from the Senate came up for hearing. The court was ‘exasperated and intrigued’ by the Senate’s stand that it couldn’t consider the nomination at the Senate meeting to be held on November 4. That the university was running without a Vice Chancellor and the students were at the mercy of the Senate was worrying the court. The Vice Chancellor in charge could not come to the office regularly and check files.
‘Indefinite delay’
The court said the disputes between the stakeholders could not lead to a situation wherein the selection of the Vice Chancellor could be delayed indefinitely. They could not be at war with each other and frustrate the legitimate right of the students to have a Vice Chancellor at the earliest.
The counsel for the university submitted that there were legal impediments to considering the nomination of the member at the meeting scheduled for November 4. Besides, it was not on the agenda of the meeting. The court asked the counsel to inform the court whether a new meeting of the Senate could be convened to consider the nomination.
The court posted the petitions for further hearing on November 8.
