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Kerala HC allows University VCs to continue on their posts till Guv passes final order

The Kerala High Court held a special session on Monday to consider the petitions of the nine Vice Chancellors who had approached the court challenging Governor Arif Mohammad Khan's order to tender their resignations.

Kerala Guv vs University VCs: High Court hearing on; VCs served show cause notices
Kerala Guv vs University VCs: High Court hearing on; VCs served show cause notices
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Published : Oct 24, 2022, 2:36 PM IST

Updated : Oct 24, 2022, 8:49 PM IST

Kochi: Vice Chancellors of eight Universities of Kerala can continue in their positions until the Governor issues a final order in the resignation order, the Kerala High Court held on Monday.

A single bench of Justice Devan Ramachandran was hearing the matter after the Vice Chancellors approached the high court challenging Governor Arif Mohammad Khan's order to tender their resignations even as the governor has issued show cause notices to them over their refusal to resign.

The High Court held that the Vice Chancellors of the nine Universities can continue in their positions until the Governor who is also the Chancellor issues a final order following the show-cause notices issued to them on Monday. "They are eligible to continue in their respective positions," the court said during a special sitting.

The court noted that since the chancellor has given time till November 3 to the vice- chancellors to show cause as to why they should not be ousted, the communication seeking their resignation lost its importance.

The court noted that the action against the VCs can be taken only after following due procedure. The VCs told the court that the entire action of the chancellor asking to resign within 24 hours was illegal.

Earlier in the day, Governor Khan issued notices to the Vice Chancellors of the state universities concerned to show cause by 5 pm on or before November 3 on their legal right to continue in office.

Also read: Guv Arif Khan acting like RSS tool, says Kerala CM on VC resignation order row

The Raj Bhavan had earlier sent letters directing the VCs of nine universities to tender their resignation by 11:30 am on October 24. "Notices issued to the Vice Chancellors concerned to show cause by 5 pm on or before Nov 3rd, their legal right to continue in office as Vice Chancellors and not to declare their appointment illegal and void ab initio: PRO, Kerala Raj Bhavan," tweeted the Kerala Governor.

Earlier, as per an order issued by the Governor, Vice-Chancellors of the University of Kerala, Mahatma Gandhi University, Cochin University of Science and Technology, Kerala University of Fisheries and Ocean Studies, Kannur University, APJ Abdul Kalam Technological University, Sree Sankaracharya University of Sanskrit, University of Calicut and Thunachath Ezhuthachan Malayalam University were asked to resign from their posts.

The Governor issued the order "upholding the Supreme Court order which quashed the appointment of the Vice-Chancellor of APJ Abdul Kalam Technological University". According to the PRO, Kerala Raj Bhavan, letters have been sent directing the Vice Chancellors of 9 Universities to tender their resignation by 11:30 am on October 24. The letters have been emailed to the VCs and registrars of the varsities concerned, the PRO, Kerala Raj Bhavan said.

"Upholding the verdict of Hon'ble Supreme Court in Civil Appeal Nos.7634-7635 of 2022(@ SLP(c)Nos.21108-21109 of 2021), Hon'ble Governor Shri Arif Mohammed Khan has directed Vice Chancellors of 9 varsities in Kerala to tender resignation," Raj Bhawan said in a tweet quoting PRO of Kerala Raj Bhavan. The Raj Bhavan said Khan also directed that the resignations reach him by 11.30 am on Monday.

Kochi: Vice Chancellors of eight Universities of Kerala can continue in their positions until the Governor issues a final order in the resignation order, the Kerala High Court held on Monday.

A single bench of Justice Devan Ramachandran was hearing the matter after the Vice Chancellors approached the high court challenging Governor Arif Mohammad Khan's order to tender their resignations even as the governor has issued show cause notices to them over their refusal to resign.

The High Court held that the Vice Chancellors of the nine Universities can continue in their positions until the Governor who is also the Chancellor issues a final order following the show-cause notices issued to them on Monday. "They are eligible to continue in their respective positions," the court said during a special sitting.

The court noted that since the chancellor has given time till November 3 to the vice- chancellors to show cause as to why they should not be ousted, the communication seeking their resignation lost its importance.

The court noted that the action against the VCs can be taken only after following due procedure. The VCs told the court that the entire action of the chancellor asking to resign within 24 hours was illegal.

Earlier in the day, Governor Khan issued notices to the Vice Chancellors of the state universities concerned to show cause by 5 pm on or before November 3 on their legal right to continue in office.

Also read: Guv Arif Khan acting like RSS tool, says Kerala CM on VC resignation order row

The Raj Bhavan had earlier sent letters directing the VCs of nine universities to tender their resignation by 11:30 am on October 24. "Notices issued to the Vice Chancellors concerned to show cause by 5 pm on or before Nov 3rd, their legal right to continue in office as Vice Chancellors and not to declare their appointment illegal and void ab initio: PRO, Kerala Raj Bhavan," tweeted the Kerala Governor.

Earlier, as per an order issued by the Governor, Vice-Chancellors of the University of Kerala, Mahatma Gandhi University, Cochin University of Science and Technology, Kerala University of Fisheries and Ocean Studies, Kannur University, APJ Abdul Kalam Technological University, Sree Sankaracharya University of Sanskrit, University of Calicut and Thunachath Ezhuthachan Malayalam University were asked to resign from their posts.

The Governor issued the order "upholding the Supreme Court order which quashed the appointment of the Vice-Chancellor of APJ Abdul Kalam Technological University". According to the PRO, Kerala Raj Bhavan, letters have been sent directing the Vice Chancellors of 9 Universities to tender their resignation by 11:30 am on October 24. The letters have been emailed to the VCs and registrars of the varsities concerned, the PRO, Kerala Raj Bhavan said.

"Upholding the verdict of Hon'ble Supreme Court in Civil Appeal Nos.7634-7635 of 2022(@ SLP(c)Nos.21108-21109 of 2021), Hon'ble Governor Shri Arif Mohammed Khan has directed Vice Chancellors of 9 varsities in Kerala to tender resignation," Raj Bhawan said in a tweet quoting PRO of Kerala Raj Bhavan. The Raj Bhavan said Khan also directed that the resignations reach him by 11.30 am on Monday.

Last Updated : Oct 24, 2022, 8:49 PM IST
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