The Kerala High Court on Friday scrapped an order of Governor Arif Mohammed Khan suspending resolutions of the Syndicate and the Board of Governors in the APJ Abdul Kalam Technological University.
The Governor acted as chancellor of the university.
The Chancellor had suspended the University Syndicate’s move to set up a “Syndicate Standing Committee on University Administrative Affairs”.
The panel was to give administrative support to the Vice-Chancellor and the Registrar.
Invoking his powers under Section 10(3) of the APJ Abdul Kalam Technological University Act, Khan also suspended the resolution of the Board of Governors deferring the implementation of certain transfer orders of employees.
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The court gave the verdict on a plea filed by University syndicate member and MLA I B Satheesh, challenging the Chancellor’s decision.
Justice Sathish Ninan observed that the proviso to Section 10(3) of the Act stipulates for an opportunity to show-cause “before making any such order”.
“When the power is traced under a statutory provision, compliance in terms thereof is the mandate. Where the law prescribes a thing to be done in a particular manner and following a particular procedure, it shall be done in the same manner, following the provisions of law, without deviating from the prescribed procedure,” the ruling said.
Since the statutory prescription of grant of opportunity to show-cause had not preceded the order, the same was liable to be interfered with, the court said.
But the judge added that this shall be without prejudice to the right to proceed afresh in accordance with Section 10(3) of the Act.
(With agency inputs)