Institute of Legal and Management Studies

Given the stalemate between the Kerala Government and the Kerala Governor regarding the appointment of University Vice Chancellors, the Supreme Court on Wednesday (August 13) said that it will constitute a Search Committee to shortlist the names for VC appointments in two State Universities - APJ Abdul Kalam Technological University and Digital University.

A bench comprising Justice JB Pardiwala and Justice R Mahadevan asked the Attorney General for India, R Venkataramani, and Senior Advocate Jaideep Gupta (for the State) to give four names for inclusion in the 5-member committee. One member will be nominated by the University Grants Commission.

The bench has kept the matter tomorrow for further consideration.

The Court was dealing with a Special Leave Petition filed by the Kerala Governor, in his capacity as the Chancellor of the APJ Abdul Kalam Technological University, challenging the Kerala High Court's judgment, which quashed the Chancellor's appointment of temporary Vice Chancellor of the University without the State Government's recommendation.

On July 30, the Court had urged the Chancellor and the Government to resolve the issue amicably to ensure the appointments of regular VCs. The Court had also clarified that until regular VC appointments are completed, it would be open for the Kerala Governor to re-appoint the present temporary VCs.

Later, the Chancellor re-appointed Ciza Thomas & K Sivaprasad as interim VCs of Digital & Technological Universities, which the State Government challenged by filing an application.

Today, the Attorney General said that in terms of the Court's direction of July 30, the Chancellor has appointed two temporary VCs after holding discussions with the Ministers. "We were acting completely in terms of your lordship's judgment," AG said.

"If they want to suggest, what is the harm? What is their request today?" Justice Pardiwala asked. The AG stated that the State was insisting that even for appointing temporary VCs, the recommendations of the Government should be accepted.

Senior Advocate Jaideep Gupta, for the State of Kerala, said that the Government had constituted a search committee. "But we were met with a different committee constituted by the Chancellor himself, the search committee," Gupta submitted. The AG stated that, as per the UGC regulations, the Chancellor has the power to constitute the committee. When Gupta said that as per the state legislations, the Government can constitute the committee, the AG countered by saying that the state law was in conflict with the UGC regulations.

Gupta highlighted Section 13(7) of the Technological University Act, which says that the Chancellor may appoint a temporary VC as "recommended by the Government."

At this stage, the bench suggested a "way out" and said that the Court can constitute a committee based on the names given by both sides.

When the AG maintained that the Chancellor has the power to appoint the temporary VCs, Justice Pardiwala asked, "How did you ignore S.13(7)?"

The bench said that for the time being, it was not going to address the legal issues and would try to resolve the stalemate. "The Chancellor and State Government should sit for a cup of coffee," Justice Pardiwala suggested.

Gupta submitted that the issue was not of any "power struggle" but of the larger aspect of federalism. "If the Chancellor appoints persons without any whiff of Kerala representation, ensures that there is no Kerala person, it will dilute federalism," he submitted.

The bench reiterated that its endeavour is to resolve the issue. Justice Pardiwala suggested to Gupta not to pursue the temporary VC issue till the Court finds a resolution for regular VC appointments.

"Since there is no consensus, we will constitute a Search Committee. Our endeavour is that regular VC is appointed, tomorrow top of Board. Mr Gupta, our respect to your client, don't precipitate on temporary VC issue. That does not mean the position of law changes," Justice Pardiwala said.

AG mentioned that in the West Bengal VC appointment issue, the Court constituted a committee headed by former CJI UU Lalit to select the names.

Background

The High Court held in the impugned order that the Governor (Chancellor) can appoint a temporary VC only with the recommendation of the State Government for a period not exceeding six months.

In November 2024, the Chancellor appointed Dr. K. Sivaprasad and Dr. Ciza Thomas as temporary Vice Chancellors of APJ Abdul Kalam Technological University (KTU) and Kerala University of Digital Sciences Innovation and Technology, respectively. These appointments were quashed by a single bench of the High Court on May 19. On July 14, a division bench of the High Court upheld the single bench's decision.

The High Court noted that as per Section 13(7) of the Technological University Act, where the vacancy of Vice-Chancellor arises in any of the circumstances enumerated in clauses (i) to (v), the Chancellor may appoint the Vice-Chancellor of any other University or the Pro-Vice Chancellor of the Technological University or the Secretary to Government, Higher Education Department, recommended by the Government, to be the Vice Chancellor for a period of not exceeding six months in the aggregate.

Case Details: THE CHANCELLOR, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY v. STATE OF KERALA AND ORS| SLP(C) No. 20680-20681/2025