Court says it is trying to make sure that students do not suffer and suggests that the Senate meeting scheduled on November 4 decide on the nominee
Court says it is trying to make sure that students do not suffer and suggests that the Senate meeting scheduled on November 4 decide on the nominee
The Kerala High Court on Tuesday slammed the Kerala University Senate for not nominating a member to the selection committee constituted by Governor Arif Mohammed Khan in his capacity as Chancellor for appointing a new Vice Chancellor for the university.
When the petitions challenging the action of the Chancellor in withdrawing the 15 nominated members from the Senate came up for hearing, Justice Devan Ramachandran orally observed that the message sent out by one of the premier universities in the country was worrying the court.
‘Why hyper-technicalities’
The court wondered why the Senate was using hyper-technicalities to stress that it would not nominate a member. The court did not care about individuals. It was trying to make sure that students did not suffer.
The court suggested that the Senate meeting scheduled on November 4 decide on the nominee for the selection committee. In fact, the court was giving the nominated Senate members an opportunity to be part of the Senate by making such a suggestion. “But you are saying that is not possible,” the court told the counsel for the university.
The court criticised the stand of the university that unless the Chancellor recalled the notification constituting a selection committee, the Senate would not nominate a person. “You are dictating,” the court said.
Doctrine of pleasure
The court pointed out that the Senate could simply nominate a candidate and a VC could straightaway be appointed, and the matter ended there. When it was brought to the notice of the court that the nominated Senate members were withdrawn by the Chancellor using the doctrine of pleasure, the court said that the concept of pleasure could be invoked against those who acted against law. The court would have to verify whether the Senate members had violated the law.
