Kerala Governor Rajendra Arlekar on Tuesday approached the Supreme Court seeking the exclusion of Chief Minister Pinarayi Vijayan from the process of appointing Vice-Chancellors (VCs) for APJ Abdul Kalam Technological University and Kerala Digital University.
The Governor, who is also the Chancellor of both state-run universities, argued that neither of the governing Acts envisages any role for the Chief Minister in VC selection. The application urged the apex court to modify its August 18 order which had given the CM a role in the process.
The plea relied on the Supreme Court’s earlier ruling in State of West Bengal v. Dr Sanat Kumar Ghosh and Others, where a minister’s involvement in VC appointments was upheld because the Calcutta University Act, 1979 explicitly provided such a role. In contrast, the Governor submitted, the APJ Abdul Kalam Technological University Act and the Kerala Digital University Act have no such provisions for state government or ministerial participation.
“The Chief Minister being the Executive Head of the State is connected with a number of government colleges managed and affiliated to the universities. Therefore, as per UGC Regulations, he cannot have any role in the appointment of Vice-Chancellors,” the petition stated, adding that his inclusion would violate the principle against “a person judging his own cause.”
While clarifying that he had no objection to former Supreme Court judge Justice Sudhanshu Dhulia continuing as chairperson of the search-cum-selection committee, the Governor opposed the inclusion of nominees suggested by the state government. Instead, he requested that a nominee of the University Grants Commission (UGC) chairman be inducted into the committee to ensure impartiality.
The Governor further maintained that the panel of shortlisted candidates should be submitted by the committee in alphabetical order, leaving the Chancellor with the final discretion to appoint the VC.
The dispute comes against the backdrop of litigation concerning temporary VC appointments made by the Governor in November 2024. He had appointed Ciza Thomas to Kerala Digital University and K Sivaprasad to APJ Abdul Kalam Technological University for six months, invoking emergency powers under the respective university Acts.
The state government, however, challenged these decisions as being contrary to statutory procedure and UGC norms, which require a panel of names recommended by the government. The Kerala High Court, both at the single judge and division bench level, ruled against the Governor, holding that the appointments lacked legal backing.
The Supreme Court will now consider the Governor’s application to modify its August 18 order and decide whether the Chief Minister can play a role in VC selection despite statutory silence. The case also underscores the ongoing tensions between Raj Bhavan and the Kerala government over control of higher education appointments.
