Reach consensus or court will appoint VCs to two universities: SC to Kerala CM, governor
The top court earlier took serious exception to the Kerala governor "not looking" at the Dhulia committee report on appointment of VCs of two universities
New Delhi, Dec 5 (PTI) The Supreme Court on Friday said it will intervene to resolve the ongoing deadlock over the selection of vice chancellors for two technical universities in Kerala if Chief Minister Pinarayi Vijayan and Governor-cum-chancellor Rajendra Arlekar do not reach a consensus.
A bench of justices JB Pardiwala and PB Varale was hearing the matter related to the appointments of VCs of the APJ Abdul Kalam Technological University, and the University of Digital Sciences Innovation and Technology.
The bench asked Attorney General R Venkataramani, appearing for the governor, and senior advocate Jaideep Gupta, representing the chief minister, to find out some amicable solution to the impasse.
Venkataramani submitted that the Justice (Retd) Sudhanshu Dhulia committee had recommended two sets of names and the chancellor had picked two names.
"The chief minister has some difficulty with some names. There are some common names," the AG said.
Advocate Gupta said that the name, which is not acceptable to the chief minister, is the only one that the governor-cum-chancellor agrees upon.
"I think a resolution has to be found by this Court," Gupta replied.
Justice Pardiwala told the senior counsels that Justice Dhulia led committee had recommended four names each for two universities and the governor and chief minister should appoint the most meritorious candidates from both the batches.
Noting that it will intervene and make the appointments itself if the consensus is not reached by December 9, the apex court said, "Reach consensus by Tuesday or we will appoint the vice chancellors and resolve the issue." The top court has posted the matter for hearing on Thursday.
Venkataramani said the chancellor found two of the names figures in both the lists, then they are the best candidates to be recommended.
On November 28, the top court took serious exception to Kerala Governor and chancellor "not looking" at the Dhulia committee report on appointment of vice chancellors of two universities and remarked it is not just an ordinary piece of paper.
The top court had asked the Kerala governor to take a call on the report within a week and apprise the decision to the apex court on December 5.
The top court passed the order after Gupta complained that Chief Minister Pinarayi Vijayan had forwarded his recommendations for appointment of vice chancellors for APJ Abdul Kalam Technological University and University of Digital Sciences, Innovation and Technology, based on the report of Justice Dhulia panel to the governor-cum-chancellor but no decision has been taken till now.
The bench noted that in compliance with the order dated August 18, Justice (retd) Dhulia, undertook the necessary exercise and has prepared a report accordingly.
On September 2, the Kerala governor moved the apex court for exclusion of Vijayan from the selection process of the vice chancellors.
The governor said neither of the universities envisioned any role for the chief minister in the selection process.
On August 18, to end the "impasse" between Kerala governor and the state government over the appointment of vice-chancellors, the apex court appointed former apex court judge Dhulia as head of a panel meant for shortlisting names.
Justice Dhulia demitted office as Supreme Court judge on August 9.
On July 30, the top court asked both the Kerala government and Attorney General R Venkataramani, appearing for the governor, to "work out some mechanism in harmony" to resolve the dispute for the appointment of the vice-chancellors in both the universities.
The chancellor moved the top court challenging the order of the division bench of the high court disposing of a plea filed against a single judge's order setting aside the November 27, 2024 notification appointing Professor K Sivaprasad of Cochin University of Science and Technology as vice-chancellor, APJ Abdul Kalam Technological University.
The Kerala government challenged the notification before the high court saying the notification stipulated the appointment was till further orders whereas Section 13 (7) of the APJ Abdul Kalam Technological University Act, 2015 says "for a period of not exceeding six months in the aggregate". PTI