Kerala High Court’s decision to overturn Governor Khan’s Senate nominations amplifies political tension. The ruling underscores the ongoing power struggle between the Governor and the ruling party, intensifying the state’s political landscape.
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Thiruvananthapuram: The Kerala High Court has delivered a setback to Governor Arif Mohammad Khan amid his ongoing conflict with the state government. It overturned the appointment of four individuals he nominated to the Kerala University Senate. This development has heightened the political tension surrounding the nominations, shining a spotlight on the strained relationship between the Governor and the ruling party.
The court, while quashing the Governor’s nominations, upheld the appointments made by the state government to the university senate. Additionally, the court mandated that the Governor must select fresh nominees within a period of six weeks. In his role as Chancellor, Governor Khan is responsible for nominating students who have excelled in various fields to the university senate. However, the nominations in question were criticized as the selected individuals were alleged members of the Akhil Bharatiya Vidyarthi Parishad (ABVP), a student organization affiliated with the Bharatiya Janata Party (BJP).
The nominations sparked a heated confrontation between the Governor and the Students’ Federation of India (SFI), the student wing of the ruling Communist Party of India (Marxist) or CPI(M). This conflict often played out in public demonstrations and street protests, showcasing the intense political rivalry.
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Four students of the university posed a legal challenge to the Governor’s nominations through two distinct petitions. These students objected to the appointments in Fine Arts, Sports, Humanities, and Science categories. Their contention was that the Chancellor bypassed standard procedures and selected individuals lacking the necessary merit for the senate positions.
The petitioners’ grievances were rooted in the belief that the nominations did not adhere to established norms. They alleged that the Governor’s selections were politically motivated and that qualified candidates were overlooked in favor of those with affiliations to the ABVP. The court’s decision to nullify these nominations validates the concerns raised by the petitioners, emphasizing the need for transparency and fairness in such appointments.
In light of the court’s ruling, the Governor is now tasked with the responsibility of nominating new members who meet the criteria of excellence in their respective fields, as intended by the university’s regulations. This decision also underscores the importance of maintaining the integrity of academic institutions and ensuring that nominations are based on merit rather than political considerations.
The political implications of this judgment are significant, as it not only challenges the Governor’s authority but also reinforces the state government’s stance on maintaining autonomy in university affairs. The ruling party, CPI(M), has welcomed the court’s decision, viewing it as a victory for fair governance and academic integrity.
As the Governor moves forward with selecting new nominees, the political landscape in Kerala is likely to remain charged, with both sides continuing to vie for influence over key educational institutions. The court’s directive for fresh nominations within six weeks sets a clear timeline for resolving the issue, but the underlying political tensions are expected to persist.
The High Court has nullified the nominations made by Governor Khan, asserting that –
“The Chancellor does not possess unchecked authority when making nominations, as outlined in statutory provisions.”
The court elaborated-
“Unrestricted and unchecked authority is incompatible with both constitutional and statutory mandates. Even in discretionary actions, adherence to principles of reasonableness, rationality, impartiality, fairness, and equity is essential and cannot be swayed by personal bias. In such instances, nominations made by the Chancellor must be scrutinized and invalidated accordingly.”
Governor Khan’s failure to select representatives from the list provided by the university was a significant factor in the court’s ruling. The High Court’s decision has been hailed by the ruling Left government in Kerala and the Communist Party of India (Marxist) (CPI(M)) as a triumph of statutory provisions over arbitrary power.
State Law Minister P Rajeev remarked that the Chancellor of Universities cannot be perceived as a “sovereign republic.” He emphasized the importance of adhering to statutory guidelines and procedures in the nomination process, reflecting the sentiment of the court’s ruling.
The CPI(M) state secretary, MV Govindan, echoed this sentiment, describing the court’s decision as a decisive blow to the Governor’s “political games.“ He highlighted the importance of impartiality and fairness in the exercise of discretionary powers, which he felt were compromised in the Governor’s nominations.
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Adding to the chorus of approval, SFI state president K Anushree and secretary PM Arsho celebrated the verdict as a victory for the people of Kerala in their “fight against Sangh Parivar.” They insisted that Governor Khan should immediately resign from his position as Chancellor, viewing the court’s decision as a clear indication of his overreach and disregard for established statutory norms.
